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THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


TITLE  DIGEST 

of  the  Lands  of  Eastern  Oklahoma 


A  Chart  Showing  When  and  What  Lands  Can 
Be  Alienated,  and  by  Whom,  Includ- 
ing the  Sections  of  All  the 
Acts  Applicable  and  the 
Courts'  Decisions 
Thereon. 


By  R.   P.   HARRISON 

MUSKOGEE,  OKLAHOMA 


Feb.  1.  1917 

model  printing  company 

muskogee 


T 


INTKOl)  U  (  TION 


Every  lawyer  who  has  had  occasion  to  investigate 
land  titles  of  Eastern  Oklahoma  has  felt  very  greatly 
the  need  of  a  hand  book,  from  which  could  be  obtained 
quickly  the  information  as  to  when  an  allotment  of  land 
becomes  subject  to  alienation. 

The  purpose  of  the  Title  Digest  is  to  furnish  this 
information  not  only  by  brief,  direct  statement  of  the 
time  when  such  alienation  could  be  made,  but  to  support 
such  statement  with  the  particular  sections  of  the  Acts 
of  Congress  giving  the  authority,  and  a  digest  of  the 
decisions  of  the  courts  on  those  sections  and  the  Acts. 

In  order  to  simplify  and  place  before  the  inquirer 
in  an  accessible  manner  this  information  the  lands  have 
been  classified  in  the  same  terms  used  by  the  statutes 
and  the  courts,  as  follows : 

HOMESTEADS 

INHERITED  HOMESTEADS, 

SURPLUS, 

INHERITED  SURPLUS, 

Also  TOWN  LOTS  and  SEGREGATED  LANDS. 

The  chart  sections  give  the  information  as  to  what 
periods  of  time  the  above  lands  are  subject  to  alienation 
by  the  members  of  each  of  the  Five  Civilized  Tribes  in 
this  arrangement: 


ADULTS  (who  are) 

NON-INDIANS 

MIXED-BLOOD  INDIANS 

FULL-BLOOD  INDIANS 
MINORS  (who  are) 

NON-INDIANS 

MIXED-BLOOD  INDIANS 

FULL-BLOOD  INDIANS 

With  the  chart  for  each  nation  or  tribe  is  given  the 
law  of  descent  of  that  tribe. 

Each  statement  of  the  chart  refers  by  number  to 
the  sections  of  the  Acts  of  Congress  and  the  digests  of 
the  decisions  of  the  courts,  all  of  which  are  reproduced 
in  the  following  pages,  enabling  the  examiner  to  investi- 
gate for  himself  the  authority  for  the  statements  made 
in  the  chart. 

The  digests  of  decisions  include  those  of  the 

United  States  District  Courts 

United  States  Circuit  Court  of  Appeals 

United  States  Supreme  Court 

Supreme  Court  of  the  State  of  Oklahoma 

It  is  hoped  that  the  plan  of  the  Title  Digest  pre- 
sents in  a  convenient  form  the  information  which  is  ab- 
solutely necessary  to  the  examination  of  titles,  and 
which  it  is  so  impossible  for  an  attorney  to  keep  in 
mind,  and  yet  so  formidable  as  an  object  of  search,  time 
after  time,  in  each  instance. 

R.  P.  HARRISON. 


741250 


First  Removals  of  Restrictions  by  the  Secretary  of 
the  Interior  in  the  various  nations : 

Cherokee,  First  Removal December  3, 1904 

Choctaw,  First  Removal December  3, 1904 

Seminole,  First  Removal April  15,  1905 

Chickasaw,  First  Removal April  15, 1905 

Creek,  First  Removal October  23, 1903 


Creek  Nation 


TITLE      DIGEST 

(REEK     NATION 


DESCENT        Until  Oct.  1,  1898,  the  ("reck  law.  (i)  Thereafter 

_  until  May  25,  1901,  the  49th  c.  of  Mansfield's  Digesl  of  Arkan- 
sas. (2)  Thereafter 

n mil  .Inly  1,  19  02,  the  Creek  law.  (3)  Thereafter 

until  August  8,  1902,  49th  c.  Mansfield's  Digest  of  Arkansas. 
Thereafter 

until  Nov.  16,  1907,  the  49th  c.  of  Mansfield's  Digest  of  Ark., 
with  the  priviso  in  Sec.  6  of  the  Supplemental  Treaty.  (4) 
Thereafter   from 

Nov.  16,  1907,  the  Oklahoma  law.   (5) 


ADULT  ALLOTTEE: 

HOMESTEAD  NON-INDIAN — Until    April    26,    1906,    could    alienate    by 

will,  providing  be  had  no  surviving  issue  born  after  May  25, 
1901.  <«) 

From  April  26,  1906.  to  July  26,  1908,  could  alienate  by 
will.   (7) 

After  July  26,  1908,  all  restrictions  removed.  (S) 

M  IXED-BLOOD — Until  April  26,  1906,  could  alienate  by 
will,  providing  he  hail  no  surviving  issue  born  after  May  25, 
1901.  <<i) 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  by 
will.  (7) 

After  July  2  6,  19  08,  all  restrictions  removed  on  those  who 
were  adults  by  that  date.   (S) 

FULL-BLOOD — Until  July  26,  1908,  could  alienate  by  will, 
providing  lie  hail  no  surviving  issue  born  after  May  25,  1901. 
(6)   (7)   (11) 

From  July  26,  1908,  until  April  26,  1931,  could  alienate 
by  will  where  he  had  no  surviving  issue  born  after  May  25, 
L901,  or  March  1,  1906.  ((>)  (8)  (11)  And  could  also  alienate 
utter  removal  of  restrictions  by  the  Secretary  of  the  Interior. 
(8) 

MINOR  ALLOTTEE: 

NON-INDIAN — Until  July  26,  1908,  could  not  alienate.  ((>) 
After  July  26,  l!i(is.  could  sell  through  probate  court.  (8) 
MIXED-BLOOD — Until  July  26,   1908,  could  not  alienate. 

«i) 

Alter  July  26,  1908,  if  less  than  half-blood  could  sell 
through  probate  court,  if  half-blood  or  more  ami  still  a  minor 
by  that  date,  could  not  alienate  until  April  26,  1931,  excepting 
on  removal  of  restrictions  by  the  Secretary  of  the  Interior  ami 
then  through  probate  court.  (8) 

FULL-BLOOD      Until   July    26,    L908,   could   not  alienate. 

«i) 

\itii'  .Inly  26,  L908,  could  alienate  on  removal  of  restric- 
tions by  the  Secretary  of  the  Interior  and  then  through  probate 
court.  (8) 


T  I  T  L  E      D  I  G  R  S  T 

REFERENCE      (HART— (REEK 
NATION 


(Ror  the  text  of  the  sections,  extracts  and  chapters  and  for  rul- 
ing cases  named  below,  see  pages  following 
these  Digest  pages.) 

1.  See  the  Creek  Nation  Law  of  Descent;  but  as  allotment 
of  lands  was  not  made  until  alter  the  repeal  of  the  Creek  law, 
by  the  Curtis  Act  of  June  28,  1898,  effective  in  the  Creek  Nation 
October  1,  1898  (30  Stat.  495),  there  was  no  real  estate  sub- 
ject to  its  operation. 

2.  See  Sec.  26,  and  28  of  the  Curtis  Art,  June  28,  189S  I  30 
Stat.  495),  which  by  abolishing  the  Tribal  laws  and  Tribal 
courts,  made  effective  the  4  9th  chapter  of  Mansfield's  Digest  of 
the  Laws  of  Arkansas,  previously  adopted  by  Sec.  3  0  and  31  of 
the  Act  of  May  2,  1890  (26  Stat.  81),  but  restrained  its  applica- 
tion by  the  proviso  in  Sec.  30,  thereby  continuing  the  jurisdic- 
tion of  the  Tribal  courts  over  matters  between  citizens,  until 
the  Indian  Appropriation  Act  of  June  7,  1897  (30  Stat.  83), 
partially,  and  the  Curtis  Act  wholly,  made  the  Arkansas  law 
operative. 

See  Washington  v.  Miller,  235  U.  S.  424  and 

Woodward  v.  DeGraffenried,  238  U.  S.  284. 

3.  Sec.  7  and  2  8  of  the  Original  Creek  Agreement,  ratified 
May  25,  1901    (31  Stat.  861). 

Indian  Appropriation  Act  approved  May  27,  1902  (32  Stat. 
245),  effective  by  Resolution  of  Congress  July  1,  1902  (30 
Stat.  742). 

See  Sizemore  v.  Brady,  2  35  U.  S.  44  8. 

4.  Sec.  6  of  the  Supplemental  Creek  Treaty,  effective  A.ug. 
8,  1902  (32  Stat.  500).  Indian  Appropriation  Act  of  May  27, 
19  02  (32  Stat.  245),  and  Resolution  of  Congress  making  it  ef- 
fective July  1,  1902  (32  Stat.  742). 

5.  Art.  4,  chap.  82  Revised  Laws  of  Oklahoma,  1910,  page 
2269,  Sec.  8416  to  8435  inclusive,  repeating  previous  statutes 
excepting  the  two  sections  on  escheat  to  the  state. 

See  opinion  in  Bartlett  v.  Okla  Oil  Co.,  218  Red.  380. 
Grant  N.  Jefferson  et  al.,  v.  Wm.  J.  Cook  et  al.(  Supreme  Ct. 
Okla.,  7453,  on  appeal. 

(>.  Sec.  11  of  the  Original  Curtis  Act  (30  Stat.  495):  Sec. 
4,  6,  7,  and  28  of  the  Original  Creek  Treaty.  March  l,  L901  (31 
Stat.  861  ),  and  Sec.  16  of  the  Supplemental  Creek  Treaty,  June 
30,  1902  (32  Stat.  500),  which  provided  for  the  allotment  of 
the  lands  of  the  Creek  Nation  among  the  members  thereof  and 
placed  restrictions  upon  its  alienation.  Ror  the  right  to  will  al- 
lotment and  in  the  absence  of  such  will  where  there  was  no  sur- 
viving issue  born  after  May  25,  1901,  for  its  descent  tree  from 
restrictions  see  U.  S.  v.  Cook  et  al..  225  Fed.  756;  Reed  v. 
Weltv,  197  Red.  419;  Skelton  v.  Dill,  225  U.  S.  206. 


T  I  T  L  E      DItiEST 


INHERITED 
HOMESTEAD 


AIM   l/l    HEIR: 

NON-INDIAN — Until  April  26,  1906,  could  alienate  it 
deceased  allottee  lefl  bo  restricting  will,  or  surviving  issue  born 
after  May  25,  1901.  (<») 

Alter  April  26,  1906,  where  allottee  died  after  that  date, 
all  restrictions  removed.  (7) 

MIXED-BLOOD — Until  April  26,  1906,  could  alienate  pro- 
viding deceased  allottee  left  no  restricting  will,  or  surviving 
issue  born  alter  .May  25,  1901.  (O) 

After  April  26,  1906,  where  allottee  died  after  that  date 
all  restrictions  removed.  (7) 

FULL-BLOOD — Until  April  26,  1906,  could  alienate  pro- 
viding deceased  allottee  left  no  restricting  will,  or  issue  sur- 
viving born  alter  May  25,  1901.  ((») 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  on 
approval  of  the  Secretary  of  the  Interior.  (7) 

After  July  26,  1908,  could  alienate  on  approval  of  the  court 
having  jurisdiction  of  the  settlement  of  the  estate  of  the  de- 
ceased allottee.  Could  also  alienate  by  will  provided  deceased 
allottee  left  no  surviving  issue  born  after  May  25,  1901,  or 
March    I,  1906.  (7,  8) 


MINOR  BEER: 

NON-INDIAN — Until  April  26,  1906,  could  alienate 
through  probate  court,  providing  deceased  allottee  left  no  re- 
stricting will  or  surviving  issue  born  after  May  25,  1901.  (6) 

From  April  26,  1906,  to  July  26,  1908,  where  allottee  died 
alter  thai  date,  could  join  with  adult  heir  in  conveying.  (7) 

After  July  26,  1908,  could  alienate  through  probate 
court.   (8) 

MIXED-BLOOD — Until  April  26,  1906,  could  alienate 
through  probate  court,  providing  deceased  allottee  left  no  re- 
stricting will  or  surviving  issue  born  after  May  25,  1901.  (6) 

From  April  26,  1906,  to  July  26,  1908,  could  join  with 
adult  heir  in  conveying.  (7) 

After  July  2  6,  19  08,  if  less  than  half-blood,  could  alienate 
through  probate  court,  if  half-blood  or  more,  could  alienate 
through  probate  court,  providing  deceased  allottee  left  no  sur- 
viving issue  born  after  May  25,  1901,  or  March  4,  1906.  Could 
also  alienate  after  removal  of  restrictions  by  the  Secretary  of 
the  Interior.   (8) 

FULL-BLOOD — Until  April  26,  1906,  could  alienate 
through  probate  court,  providing  deceased  allottee  left  no  sur- 
viving issue  born  after  May  25,  1901.  («) 

From  April  26,  1906,  to  July  26,  1908,  through  guardian, 
with  approval  of  the  Secretary  of  the  Interior,  could  join  with 
adult  heir  in  conveying.   (7) 

Alter  July  26,  1908,  could  alienate  through  probate  court, 
providing  deceased  allottee  left  no  surviving  issue  born  after 
May  25,  1901,  or  March  4,  1906;  and  could  also  alienate  after 
removal  of  restrictions  by  the  Secretary  of  the  Interior.  (8) 


TITLE      DIGEST  9 

Creek  Reference  Continued. 

For  limitations  on  will  of  Full-Blood  sec  reference  No.  11 
below. 

For  expiration  of  the  5-year  restriction  period  on  Aug.  8, 
1907,  being  a  removal  of  restrictions,  see  I'.  S.  v.  Bartlett,  235 
U.  S.  72. 

The  first  removal  of  restrictions  by  the  Secretary  of  the 
Interior  under  the  above  sections  was  on  July  10,  1903.  See 
Dawes  Commission  Records. 

For  necessity  of  expiration  of  time  to  elapse  before  ap- 
proval by  Secretary  of  Interior,  see  Simmons  v.  Whittington.  2  7 
Okla.  356. 

ACT  OF  1906. 

7.  Sec.  2,  5,  19,  22  and  23  of  the  Act  of  April  26,  1906,  An 
Act  to  Provide  for  the  Final  Disposition  of  the  Five  Civilized 
Tribes,  and  Other  Purposes.  (34  Stat.  137.)  Caution — The 
Digest  statement  as  to  Non-Indians  and  Mixed-Bloods  of  all  de- 
grees is  based  on  the  assumption  that  the  above  section  2  2  re- 
pealed the  provision  in  Sec.  7,  of  the  Original  Creek  Treaty  and 
Sec.  16  of  the  Supplemental  Creek  Treaty  that  the  homestead 
should  remain  for  the  use  and  support  of  children  born  after 
May  25,  1901.  See  Tiger  v.  Western  Invest.  Co.,  221  U.  S.  286. 
If  it  did  repeal  that  provision  the  Act  of  May  25,  19  08,  did  not 
reimpose  it.  See  U.  S.  v.  Bartlett,  235  U.  S.  72.  If  the  provi- 
sion was  not  repealed  then  the  Digest  statement  as  to  Non-In- 
dians and  Mixed-Bloods  should  be: 

NON-INDIAN — Until  July  26,  1908,  could  alienate  by  will 
providing  he  had  no  surviving  issue  born  after  May  25,  1901. 
(6) 

After  July  26,  1908,  all  restrictions  removed.  (8) 

MIXED-BLOOD — Until  July  26,  1908,  could  alienate  by 
will  providing  he  had  no  surviving  issue  born  after  May  25, 
1901.   (6) 

After  July  26,  1908,  if  less  than  half-blood,  all  restrictions 
removed,  if  more  than  half-blood,  could  alienate  by  will,  pro- 
viding he  had  no  surviving  issue  born  after  May  25,  1901,  or 
March  4,  1906.  And  could  also  alienate  after  removal  of  re- 
strictions by  the  Secretary  of  the  Interior.  (6,  8) 

ACT  OF  1»08. 

8.  Sec.  1,  5,  6,  8  and  9  of  the  Act  of  May  27,  1908,  effective 
July  27,  1908  (35  Stat.  312),  An  Act  for  the  Removal  of  Re- 
strictions from  Part  of  the  Lands  of  the  Five  Civilized  Tribes. 

Caution — The  Digest  statement  is  based  on  the  assumption 
that  if  Sec.  22  of  the  Act  of  April  26,  1906,  removed  on  all  but 
Full-Bloods  the  restriction  imposed  by  the  Original  Creek 
Treaty  and  Supplemental  Treaty  that  the  Homestead  should  re- 
main for  the  use  and  support  of  children  born  after  May  25, 
1901,  the  above  act  did  not  reimpose  it  on  Mixed-Bloods  of  more 
than  half  blood.  See  U.  S.  v.  Bartlett,  2  35  U.  S.  7  2  and  U.  S. 
v.  Cook  et  al..  225  Fed.  756. 


10  TITLE      DIGEST 


ADULT  ALLOTTEE: 

SURPLUS  NON-INDIAN — Until  April  21,  1904,  could  alienate  on  ap- 

proval of  the  Secretary  of  the  Interior.  (C) 

After  April  21,  1904,  all  restrictions  removed.  (9) 

MIXED-BLOOD — Until  August  8,  1907,  could  alienate  on 
approval  of  the  Secretary  of  the  Interior.  (6) 

After  August  8,  1907,  all  restrictions  removed.   (10) 

FULL-BLOOD — Until  April  26,  1906,  could  alienate  on  ap- 
proval of  the  Secretary  of  the  Interior.  (6) 

From  April  26,  1906,  to  July  2  6,  1908,  could  not  alienate. 
(7) 

After  July  26,  1908,  could  alienate  after  removal  of  restric- 
tions by  the  Secretary  of  the  Interior.  (8) 

MINOR  ALLOTTEE: 

NON-INDIAN — Until  July  2  6,  1908,  could  not  alienate.  (6) 
After  July  26,  1908,  could  sell  through  probate  court.  (8) 

MIXED-BLOOD — Until  July  26,  1908,  could  not  alienate. 
(«) 

After  July  26,  1908,  if  less  than  three-quarter  blood,  could 
sell  through  probate  court  (8,  10)  ;  if  three-quarter  blood  or 
more,  could  alienate  only  after  removal  of  restrictions  by  the 
Secretary  of  the  Interior,  and  then  through  probate  court.  (8, 
10) 

FULL-BLOOD — Until  July  26,  1908,  could  not  alienate. 
(O) 

After  July  26,  1908,  could  alienate  on  removal  of  restric- 
tions by  the  Secretary  of  the  Interior  and  then  through  probate 
court.  (8) 


TITLE      DIGEST  H 

Creek  Reference  Continued. 

Note  that  if  allottee  of  one-half  blood  or  more  was  a  minor 
on  May  27,  1908,  he  was  still  under  restriction  ami  the  act  ex- 
tended such  restriction  until  April  26,  1931.  See  U.  S.  v.  Hop- 
kins, affirmed  by  C.  C.  A.,  August,  1916. 


ACT  OF  1904. 

!).  Indian  Appropriation  Act  of  April  21,  1904  (33  Stat. 
189),  which  removed  all  restrictions  on  all  allottees  not  of  In- 
dian blood,  except  as  to  minors  and  homesteads. 

For  inherited  surplus  see  U.  S.  v.  Jacobs,  195  Fed.  707, 
that  the  above  act  was  not  limited  to  transfers  by  allottees  but 
extended  as  well  to  allottees'  heirs. 

10.  The  five-year  period  of  restrictions  imposed  by  the  Kith 
Section  of  the  Supplemental  Creek  Treaty,  Aug.  8,  19(12,  expires 
Aug.  8,  1907. 

See  U.  S.  v.  Bartlett,  235  U.  S.  72;  Choate  v.  Trapp,  224 
U.  S.  665. 

A  minor  who  became  of  age  after  Aug.  8,  1907,  and  before 
July  26,  1908,  could  alienate  free  from  all  restrictions. 

11.  Sec.  23  of  the  Act  of  April  26,  1906  (34  Stat.  137), 
and  Sec.  8  and  9  of  the  Act  of  May  27,  1908  (35  Stat.  312),  are 
the  sections  providing  for  devise  by  will.  Under  Sec.  2  3  of  the 
Act  of  April  26,  1906,  if  a  full-blood  sought  by  will  to  disinherit 
parent,  wife,  spouse  or  children  it  was  invalid  unless  acknowl- 
edged before  and  approved  by  a  Judge  of  the  United  States 
Court  for  the  Indian  Territory,  or  a  United  States  Commissioner. 
This  was  amended  by  Sec.  8  of  the  Act  of  May  27.  1908,  by  add- 
ing the  words — "or  a  judge  of  a  county  court  of  the  State  of 
Oklahoma." 

See  Tiger  v.  Western  Investment  Co.,  221  U.  S.  286. 

12.  Sec.  28  of  the  Original  Creek  Treaty,  May  25,  1901  (31 
Stat.  861),  and  Sec.  7,  Supplemental  Creek  Treaty,  Aug.  S,  I'm:' 
(32  Stat.  500),  are  sections  providing  for  allotments  to  heirs 
on  behalf  of  dead  members. 

As  to  the  right  to  alienate  free  from  all  restrictions,  see 
Skelton  v.  Dill,  235  U.  S.  206;  Woodward  v.  DeGraffenrie.l. 
238  U.  S.  234;  Mullen  v.  U.  S.,  224  U.  S.  448;  Shulthis  v.  Mc- 
Dougal,  225  U.  S.  561. 


INHERITED 
SURPLUS 


12  TITLE      DIGEST 


ADULT  IIKIIt: 


NON-INDIAN — Until  April  21,  1904,  could  alienate  with 
the  approval  of  the  Secretary  of  the  Interior.  (G) 

After  April  21,  1904,  all  restrictions  removed.   (9) 

MIXED-BLOOD — Until  April  26,  1906,  could  alienate  with 
the  approval  of  the  Secretary  of  the  Interior.   (6) 

After  April  26,  1906,  all  restrictions  removed.  (7) 

PULL-BLOOD — Until  July  26,  1908,  could  alienate  with 
the  approval  of  the  Secretary  of  the  Interior.  (6) 

After  July  26,  1908,  could  alienate  with  the  approval  of 
the  court  having  jurisdiction  of  the  estate  of  the  deceased  allot- 
tee. (8) 

LANDS    ALLOTTED    ON    BEHALF    OF    DEAD    MEMBER    OF 
THE  TRIBE: 

Adult  heirs  of  all  kinds  could  alienate  free  from  all  restric- 
tions. (12) 

MINOR  HEIR: 

NON-INDIAN — Until  April  26,  1906,  could  alienate  on  ap- 
proval of  the  Secretary  of  the  Interior.  (6) 

After  April  26,  1906,  until  July  26,  1908,  could  join  with 
adult  heirs  in  conveying.  (7)  After  July  26,  1908,  could  sell 
through  probate  court.  (8) 

MIXED-BLOOD — Until  April  26,  1906,  could  alienate  with 
the  approval  of  the  Secretary  of  the  Interior.  (G) 

After  April  26,  1906,  until  July  26,  1908,  could  join  with 
adult  heir  in  conveying.  (7) 

After  July  26,  1908,  could  sell  through  probate  court.  (8) 

FULL-BLOOD — Until  July  26,  1908,  could  alienate  with 
the  approval  of  the  Secretary  of  the  Interior.  (6) 

After  July  26,  1908,  could  alienate  with  the  approval  of 
the  court  having  jurisdiction  of  the  estate  of  the  deceased  al- 
lottee.  (8) 

LANDS   ALLOTTED    ON    BEHALF    OF   DEAD    MEMBER    OF 

THE  TRIBE: 

Minor  heirs  of  all  classes  could  sell  through  the  probate 
court.  (12) 


Cherokee  Nation 


14  TITLE      DIGEST 

CHEROKEE      NATION 


DESCENT  Until  June  28,  1S!i8,  tribal  law.  (1)  Thereafter 

until  Nov.    16,   1907,  49th  c.  of  .Mansfield's  Digesl   of  Arkansas. 
(2)  Thereafter,  from 

Nov.  16,  1907,  the  laws  of  Oklahoma.  (:5) 


ADULT  ALIiOTTEB: 

HOMESTEAD  NON-INDIAN — Prior  to  April  26,  1906,  could  not  alienate. 

(  I) 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  by 
will.  (.">) 

After  July  26,  1908,  all  restrictions  removed.  (6) 

.MIXED-BLOOD — Prior  to  April  26,  1906,  could  not  alien- 
ate. (  l) 

From  April  26,  1906,  to  July  26.  1908,  could  alienate 
by  will.  (.">) 

After  July  26,  1908,  if  less  than  half-blood,  all  restrictions 
removed;  if  half-blood  or  more,  could  alienate  after  removal 
of  restrictions  by  the  Secretary  of  the  Interior;  or  could  also 
alienate  by  will  if  he  had  no  surviving  issue  born  after  March  4, 
1906.  ((>) 

FULL-BLOOD— Prior  to  April  26,  1906,  could  not  alien- 
ate. (4) 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  by 
will  with  certain  limitations  as  to  disinheriting  certain  heirs. 
(.",)    (8) 

After  July  26,  1908,  could  alienate  after  removal  of  restric- 
tions by  the  Secretary  of  the  Interior;  or  by  will  if  allottee  had 
no  surviving  issue  born  after  March  4,  1906.  ((>)    (8) 


MINOR  ALLOTTEE: 

NON-INDIAN — Prior  to  July  2  6,  1908,  could  not  alien- 
ate.   (4) 

After  July  26,  1908,  could  alienate  through  probate  court. 
(6) 

MIXED-BLOOD — Prior  to  July  26,  1908,  could  not  alien- 
ate.  (  I ) 

Alter  July  26,  1908,  if  less  than  half-blood,  could  alienate 
through  probate  court;  if  half-blood  or  more,  could  alienate 
through  probate  court  after  removal  of  restrictions  by  the  Sec- 
retary of  the  Interior.  (<») 

FULL-BLOOD — Prior  to  July  26,  1908,  could  not  alien- 
ate. (4) 

After  July  26,  1908,  could  alienate  through  probate  court 
after  removal  of  restriction  by  the  Secretary  of  the  Interior.  (6) 


TITLE      DIGEST  15 

REFERENCE      CHART  —  CHEROKEE 
NATION 


i  For  the  text  of  the  sections,  extracts  and  chapters  and  ruling- 
cases  named  below,  see  the  pages  following  these 
Digest  pages.) 

1.  See  Cherokee  law  of  descent,  but  as  the  allotment  of 
land  was  not  made  until  the  repeal  of  that  law  by  the  act  of 
June  7,  1897  (30  Stat.  L.  83),  and  the  Curtis  Act  of  June  28, 
189  8  (30  Stat.  L.  495),  there  was  no  real  estate  subject  to  its 
operation. 

2.  See  Sec.  26  and  28  of  the  Curtis  Act  (30  Stat.  L.  495), 
which,  by  abolishing  tribal  laws  and  tribal  courts  made  effective 
the  4  9th  chapter  of  Mansfield's  Digest  of  Arkansas,  previously 
adopted  by  Sec.  30  and  31  of  the  act  of  May  2,  1890  (26  Stat. 
L.  81),  but  restrained  its  application  by  the  proviso  in  Sec.  30  of 
said  act,  thereby  continuing  the  jurisdiction  of  the  tribal 
courts  over  matters  between  citizens  until  the  Act  of  June  7, 
1897  (30  Stat.  L.  83),  partially,  and  the  Curtis  act  wholly, 
made  the  Arkansas  law  operative. 

Washington  v.  Miller,  2  35  U.  S.  4  2  4. 
Woodward  v.  DeGraffenried,  238  U.  S.  2  84. 

:J.  Art.  4,  chapter  82  of  the  Revised  Laws  of  Oklahoma, 
1910,  page  2269. 

Bartlett  v.  Okla  Oil  Co.,  Eq.,  218  Fed.  380. 

Jefferson  et  al.  v.  Cook  et  al.,  7453,  Supreme  Court  of  Ok- 
lahoma, on  appeal. 

4.  Sec.  11  of  the  Curtis  Act,  June  28,  1898  (30  Stat.  L. 
495). 

Sec.  4,  11,  13,  14,  15,  of  the  Cherokee  Treaty,  Act  of  July 
1,  1902,  ratified  Aug.  7,  1902  (30  Stat.  L.  716),  providing  for 
the  allotment  of  the  lands  of  the  tribe  and  placing  restrictions 
on  the  alienation  of  such  allotments. 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286. 
Gritts  v.  Fisher,  224  U.  S.  413. 
Truskett  v.  Closser,  236  U.  S.  223. 
;; ii.OOO  Land  Suits,  199  Fed.  11. 


16  TITLE      DIGEST 


ADULT  HEIR 


INHERITED  NON-INDIAN — Prior  to  April   26,   190G,  could  not  alien- 

HOMESTEAO     ate.   (4) 

After  April  26,   1906,  could  alienate  free  from  restric- 
tions.   (5) 

MIXED-BLOOD — Prior  to  April  26,  1906,  could  not  alien- 
ate. (4) 

After  April  26,  1906,  could  alienate  free  from  restric- 
tions.  (5) 

FULL-BLOOD — Prior  to  April  26,  1906,  could  not  alien- 
ate. (4) 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  sub- 
ject to  approval  of  the  Secretary  of  the  Interior.  (5)   (8) 

After  July  26,  1908,  could  alienate  with  the  approval  of 
the  court  having  jurisdiction  of  settlement  of  the  estate  of  the 
deceased  allottee,  providing  the  deceased  allottee  left  no  sur- 
viving issue  born  after  March  4,  1906.  If  such  issue  survived, 
could  alienate  after  removal  of  restrictions  by  the  Secretary  of 
the  Interior.  («)    (8) 


MINOR  HEIR: 

NON-INDIAN — Prior  to  April  26,  1906,  could  not  alien- 
ate.  (4) 

From  April  26,  1906,  to  July  26,  1908,  could  join  with 
adult  heir  in  conveying.  (5) 

After  July  26,  1908,  could  alienate  through  the  probate 
court.  (O) 

MIXED-BLOOD — Prior  to  April  26,  1906,  could  not  alien- 
ate. (4) 

From  April  26,  1906,  until  July  26,  190S,  could  join  with 
adult  heirs  in  conveying.  (.">) 

After  July  26,  1908,  could  alienate  through  the  probate 
court,  (fi) 

FULL-BLOOD — Prior  to  April  26,  1906,  could  not  alien- 
ate. (4) 

From  April  26,  1906,  until  July  26,  1908,  could  join  with 
adult  heir  in  conveying  subject  to  the  approval  of  the  Secretary 
of  the  Interior.  (5) 

After  July  26,  1908,  could  alienate  through  the  probate 
court  with  the  approval  of  the  court  having  jurisdiction  of  the 
settlement  of  the  estate  of  the  deceased  allottee,  providing  such 
deceased  allottee  left  no  surviving  issue  born  after  March  4, 
1906.  If  such  issue  survived,  could  alienate  after  removal  of 
restrictions  by  the  Secretary  of  the  Interior.  (6) 


TITLE      DIGEST  17 

Cherokee  Reference  Continued. 

ACT  OF  1906. 

5.  Sec.  2,  5,  19,  22  and  23  of  the  Ad  of  April  26,  1906,— 
An  act  to  provide  for  the  final  disposition  of  the  affairs  of  the 
Five  Civilized  Trihes  in  the  Indian  Territory,  and  other  pur- 
poses.    (34  Stat.  L.  137.) 

As  to  the  above  act  superseding  previous  acts  of  congress 
on  these  lands  in  which  this  act  sought  to  remove  restrictions, 


Tiger  v.  Western  Investment  Co.,  221  U.  S.  286 


ACT  OF  1J»0X. 


G^~ 


(J.  Sec.  1,  5,  6,  8  and  9  of  the  Act  of  May  27.  1908,  effect- 
ive July  26,  19D8, — An  act  for  the  removal  of  restrictions  from 
part  of  the  lands  of  the  Five  Civilized  Tribes.  (35  Stat.  L.  312.) 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286. 
Harris  v.  Gale,  188  Fed.  712 
U.  S.  v.  Shock,  187  Fed.  870. 
Truskett  v.  Closser,  23  6  U.  S.  2  2  3. 

ACT  OF  tm)4. 

7.  Indian  Appropriation  Act  of  April  21,  1904  (33  Stat.  L. 
189),  which  removed  restrictions  on  all  members  not  of  Indian 
blood,  except  as  to  minors  and  homesteads,  and  gave  the  Secre- 
tary of  the  Interior  power  to  remove  restrictions  as  to  other 
members  except  as  to  minors  and  homesteads. 

First  deed  approved  by  the  Secretary  of  Interior  removing 
restrictions  in  accordance  with  the  provisions  of  the  above  act, 
Dec.  3,  1904. 

For  inherited  surplus  see  U.  S.  V.  Jacobs,  195  Fed,  707. 


WILLS. 

8.   Sec.  23  of  the  Act  of  April  26,  1906   (34  Stat.  L.  137), 

and 

Sec.  8  and  9  of  the  Act  of  May  27.  1908  (35  Stat.  L.  312). 
provide  for  devise  by  will. 


18  TITLE      DIGEST 


ADULT  ALLOTTEE: 

SURPLUS  NON-INDIAN — Prior  to  April   21,    L904,   could   not  alien- 

ate. (  I) 

Alter  April  21,  1904,  all  restrictions  removed.  (7) 

MIXED-BLOOD— Prior  to  April  21,  1904,  could  not  alien- 
ate. (4) 

From  April  21,  1904,  until  July  26,  1908,  could  alienate 
after  removal  of  restrictions  by  the  Secretary  of  the  Interior. 
(7)  Could  also  alienate  free  from  all  restrictions  five  years  from 
the  issuance  of  patent.  (  I)  And  after  April  26,  1906,  could  also 
alienate  by  will.  (.">) 

After  July  2  6,  19  08,  if  less  than  three-quarter  blood,  all 
restrictions  removed.  ((>)  If  three-quarter  blood  or  more  and 
five  years  from  issuance  of  patent  had  not  expired  before  July 
26,  19  08,  could  only  alienate  after  removal  of  restrictions  by 
the  Secretary  of  the  Interior.  (6)  If  five  years  from  issuance  of 
patent  had  expired  before  July  26,  1908,  could  alienate  free 
from  restrictions.  (6) 

FULL-BLOOD — Prior  to  April  21,  1904,  could  not  alien- 
ate.  (4) 

From  April  21,  1904,  to  April  26,  1906,  could  alienate 
after  removal  of  restrictions  by  the  Secretary  of  the  Interior. 
(7) 

From  April  26,  1906,  to  July  26,  1908,  could  not  alienate 
excepting  by  will.   (5)    (8) 

After  July  26,  1908,  could  alienate  after  removal  of  re- 
strictions by  the  Secretary  of  the  Interior.  (O) 


MINOR  ALLOTTEE: 

NON-INDIAN — Five  years  from  issue  of  patent  could  alien- 
ate through  probate  court.  (4) 

After  July  26,  1908,  could  alienate  through  probate  court. 

MIXED-BLOOD — Until  July  26,  1908,  could  alienate  five 
years  from  issuance  of  patent,  through  probate  court.   (4) 

After  July  26,  1908,  if  less  than  three-quarter  blood,  could 
alienate  through  probate  court;  if  three-quarter  blood  or  more, 
could  alienate  through  probate  court  after  removal  of  restric- 
tions by  the  Secretary  of  the  Interior.  ((>) 

FULL-BLOOD — Until  July  26,  1908,  could  not  alienate. 
(  I) 

After  July  26,  1908,  could  alienate  through  probate  court 
after  removal  of  restrictions  by  the  Secretary  of  the  Interior. 
(«) 


TITLE      DIGEST  19 

Cherokee  Reference  Continued. 


NOTE:  It  is  provided  in  Sec.  23  of  the  Act  of  April  26, 
1906,  that  if  a  full-blood  sought  to  disinherit  parent,  wife, 
spouse  or  children,  it  was  invalid  unless  the  will  were  acknowl- 
edged before  and  approved  by  a  Judge  of  the  U.  S.  court  for  the 
Indian  Territory,  or  a  United  States  Commissioner.  This  was 
amended  by  Sec.  8,  of  the  Act  of  May  27,  1908,  by  adding  the 
w,,rds — "or  a  Judge  of  a  county  court  of  the  State  of  Okla- 
homa." 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286. 

J).   Sec.   20  of  the  Cherokee  Treaty,   Act  of  July   1,    1902, 
ratified  August  7,  1902  (30  Stat.  L.  716). 


INHERITED 
SURPLUS 


20  TITLE      DIGEST 

ADULT  BEER: 

NON-INDIAN — Until  April  21,  1904,  could  not  alien- 
ate.   (  I) 

After  April  21,  1904,  all  restrictions  removed.    (7) 

MIXED-BLOOD — Until  April  21,  1904,  could  not  alien- 
ate.   (4) 

From  April  21,  19U4,  to  April  26,  1906,  could  alienate 
after  removal  of  restrictions  by  the  Secretary  of  the  Interior. 
(7) 

Alter  April  26,  1906,  all  restrictions  removed.    (5) 

FULL-BLOOD — Until  April  21,  1904,  could  not  alien- 
ate.  (4) 

From  April  21,  1904,  to  April  21,  1906,  could  alienate 
after  removal  of  restrictions  by  the  Secretary  of  the  Inter- 
ior. (7) 

From  April  2  6,  1906,  to  July  26,  1908,  could  alienate 
but  conveyance  was  subject  to  the  approval  of  the  Secretary 
of  the  Interior.   (.">) 

After  July  2  6,  19  08,  could  alienate  on  approval  of  the 
court  having  jurisdiction  of  the  settlement  of  the  estate  of  the 
deceased  allottee.      (6)    (8) 

LANDS  ALLOTTED  ON  BEHALF  OF  DEAD  MEMBER — 
All  classes  could  alienate  free  from  all  restrictions.  (9) 


MINOR  HEIR: 

NON-INDIAN — Until  April  2  6,  1906,  could  not  alien- 
ate.   (4) 

From  April  26,  1906,  until  July  26,  1908,  could  join  with 
adult,  heir  in  conveying.  (.">) 

After  July,  2  6,  1908,  could  alienate  through  probate 
court.   (6) 

MIXED-BLOOD — Until  April  26,  1906,  could  not  alien- 
ate.   (4) 

From  April  26,  1906,  to  July  26,  1908,  could  join  with 
adult  heir  in  conveying.    (5) 

After  July  26,  1908,  could  alienate  through  probate 
court.   (6) 

FULL-BLOOD — Until  April  26,  1906,  could  not  alien- 
ate.  (4) 

From  April  26,  1906,  to  July  26,  1908,  could  join  with 
adult  heir  in  conveying,  the  conveyance  being  subject  to  ap- 
proval of  the  Secretary  of  the  Interior.  (5) 

After  July  26,  1908,  could  alienate  through  probate  court 
subject  to  the  approval  of  the  court  having  jurisdiction  of  the 
settlement  of  the  estate  of  the  deceased  allottee.   (6) 

LANDS  ALLOTTED  ON  BEHALF  OF  DEAD  MEMBER: 
All  classes  could  alienate  through  probate  court.   (9) 


Choctaw  and  Chickasaw 
Nations 


22 


T  I  T  l  E  n  I  fi  E  S  T 


CHOCTAW  AND  CHICKASAW 
NATIONS 


DESCENT 


HOMESTEAD 


Until  October  1,  1898,  tribal  law.   (1)  Thereafter 

until  Nov.  16,  1907,  the  49th  c.  of  .Mansfield  Digest  of  Arkan- 
sas. (2)  Thereafter 

from  Nov.  16,  1907,  the  Oklahoma  law.   (3) 


ADUI/T  AIJjOTTEE: 

NON-INDIAN — Until  July  26,  1908,  could  not  alienate 
(4)  (5),  excepting  that  after  April  26,  1906,  could  alienate 
by  will.  (6)   (J)) 

After  July  26,  1908,  all  restrictions  removed. 

MIXED-BLOOD — Until  July  26,  1908,  could  not  alienate 
(4).  excepting  that  after  April  26,  1906,  could  alienate  by  will, 
providing  that  after  July  26,  1908,  he  had  no  surviving  issue 
horn  after  March    1.   1906.    (6)    (7)    (9) 

After  July  26,  1908,  if  less  than  half-blood,  all  restric- 
tions removed;  if  half-blood  or  more  could  alienate  only  after 
removal  of  restrictions  by  the  Secretary  of  the  Interior  (7), 
and  by  will  providing  he  had  no  surviving  issue  born  after 
March  4,  1906.  (7)   (9) 

FULL-BLOOD — Until  July  26,  1908,  could  not  alienate, 
excepting  by  will,  after  April  26,  1906,  with  certain  limitations 
if  lie  sought  to  disinherit  certain  heirs.  («)   (9) 

After  July  26,  1908,  could  alienate  after  removal  of  re- 
strictions by  the  Secretary  of  the  Interior,  and  could  also 
alienate  by  will  providing  he  had  no  surviving  issue  born  after 
Marclj  4,  1906    (7)    (9) 


MINOR  AIXOTTKE: 

NON-INDIAN — Until  July  26,  1908,  could  not  alienate. 
(  »)    (•",) 

After  July  26,  1908,  could  alienate  through  the  probate 
court.   (7) 

MIXED-BLOOD — Until  July  26,  1908,  could  not.  alien- 
ate.   (  » ) 

After  July  26,  1908,  if  less  than  half-blood,  could  alienate 
through  probate  court;  if  half-blood  or  more,  could  alienate 
through  probate  court  after  removal  of  restrictions  by  the 
Secretary  of  the  Interior.   (7)  , 

PULL-BLOOD — Until  July  26,  1908,  could  not  alien- 
ate.   (4) 

After  July  26,  1908,  could  alienate  through  probate  court 
after  removal  of  restrict  ions  by  the  Secretary  of  the  Interior. 
(7) 


T  ITIiK      DIGEST  23 

REFERENCE   CHART  —  CHOCTAW 
AND   CHICKASAW  NATIONS 


(For   the   text   of   sections,   extracts  and   chapters   and    ruling 

cases  named  below  see  the  pages  following 

these  Digest  pages.) 

1.  See  Choctaw  and  Chickasaw  laws  of  descent,  but  as 
allotment  of  land  was  not  made  until  the  repeal  of  that  law  by 
the  Act  of  June  7,  1897  (30  Stat.  L.  83),  and  the  Curtis  Act 
of  June  28,  1898  (30  Stat.  L.  4  95),  there  was  no  real  estate 
subject  to  its  operation. 

2.  See  Sec.  26  and  28  of  the  Curtis  Act  (30  Stat.  L.  495), 
which,  by  abolishing  tribal  laws  and  tribal  courts,  made  opera- 
tive the  4  9th  chapter  of  Mansfield's  Digest  of  Arkansas,  pre- 
viously adopted  by  Sec.  30  and  31  of  the  Act  of  May  2,  1890 
(26  Stat.  L.  81),  but  restrained  its  application  by  the  proviso 
in  Sec.  30,  thereby  continuing  the  jurisdiction  of  the  tribal 
courts  over  matters  between  citizens  until  the  act  of  June  7, 
1897,  partially,  and  the  Curtis  Act  wholly,  made  the  Arkan- 
sas law  effective. 

See 

Washington  v.  Miller,  235  U.  S.  42  4. 
DeGraffenried  v.  Woodward,  238  U.  S.  284. 

3.  Art.  4,  Chapter  82,  Revised  Laws  of  Oklahoma — Suc- 
cession. 

See 

Bartlett  v.  Okla  Oil  Co.,  218  Fed.  380. 

Jefferson  et  al.  v.  Cook  et  al.,  7453,  Supreme  Court  of 
Oklahoma. 

I.  Sec.  11  of  the  Curtis  Act,  June  28,  1898  (30  Stat.  L. 
495),  and  Sec.  12,  13,  15  and  16  of  the  Choctaw  and  Chicka- 
saw treaty,  July  1,  1902,  effective  Sept.  25,  1902  (32  Stat.  I.. 
641). 

INHERITED  HOMESTEAD — Note  that  as  the  allotment 
restrictions  imposed  by  the  above  sections  provided  that  the 
homestead  should  be  inalienable  for  the  lifetime  of  the  allot- 
tee these  lands  should  pass  to  the  heirs  unrestricted. 

AS  TO  SURPLUS — Note  that  under  Sec.  16,  above. 
such  land  must  not  be  sold  for  less  than  the  appraised  value 
during  the  tribal  government. 

See 

30,000  Land  Suits,  199  Fed.  811. 
Choate  vs.  Trapp.   224   U.   S.   665. 
Mullen  v.  U.  S.,  224  U.  S.  448. 


24 


T  1  T  L  E      DIG  E  S  T 


INHERITED 
HOMESTEAD 


AM  l,T  HEIR: 

NON-INDIAN — Could   alienate   unrestricted.    (4) 

MIXED-BLOOD — Until  July  26,  1908,  could  alienate  free 
from   restrictions.      (  I ) 

After  July  26,  1908,  if  less  than  half-blood,  could  alien- 
ate; (4)  if  half-blood  or  more,  could  alienate  providing  de- 
ceased allottee  died  before  July  26,  190  8;  (4)  but  if  allottee 
died  after  that  date  could  alienate  only  providing  deceased 
allottee  left  no  surviving  issue  born  after  March  4,  1906,  un- 
less restrictions  removed  by  the  Secretary  of  the  Interior.   (7) 

FULL-BLOOD — Until  April  26,  1906,  could  alienate.    (4) 

From  April  26,  1906,  until  July  26,  1908,  where  allottee 
died  alter  April  26,  L906,  conveyance  was  subject  to  the  ap- 
proval of  the  Secretary  of  the  Interior;  and  the  right  to  will 
was  subject  to  the  provisions  of  Sec.  23  of  said  Act.  (6)    (9) 

After  July  26,  1908,  where  allottee  died  after  April  26, 
1906,  could  alienate  only  where  deceased  allottee  left  no  sur- 
viving issue  born  after  March  4,  1906,  unless  restrictions  re- 
moved by  the  Secretary  of  the  Interior.  But  conveyance  after 
July  26,  1908,  was  subject  to  the  approval  of  the  court  having 
jurisdiction  of  the  settlement  of  the  estate  of  the  deceased  al- 
lottee, and  the  limitations  on  the  right  to  will  if  testator 
sought  to  disinherit  certain  heirs.    (7)    (J>) 


MINOR  HEIR: 

NON-INDIAN — Could  alienate  through  probate  court.  (4) 

MIXED-BLOOD — Until  July  26,  1908,  could  alienate 
through  the  probate  court.   (4) 

Alter  July  26,  1908,  if  less  than  half-blood  could  alienate 
through  the  probate  court.  (7)  If  half-blood  or  more,  could 
alienate  if  deceased  allottee  died  prior  to  July  26,  1908,  but  if 
allottee  died  alter  that  date,  could  alienate  through  the  probate 
court  only  providing  deceased  allottee  left  no  surviving  issue 
born  alter  March  l.  I  906,  or  alter  removal  of  restrictions  by  the 
Secretary  of  the  Interior.  (7) 

PULL-BLOOD — Until  April  26,  1906,  could  alienate 
through  the  probate  court.      (4) 

Prom  April  26,  1906,  to  July  26,  1908,  could  alienate 
through  probate  court,  if  deceased  allottee  died  before  4-26- 
L906.  (4)  If  deceased  allottee  died  after  4-26-1906,  could 
alienate  through  probate  court,  subject  to  approval  of  the 
Secretary  of  the  Interior.   (<>) 

After  July  2  6,  1908,  could  alienate  subject  to  approval  of 
the  court  having  jurisdiction  of  the  settlement  of  the  estate  of 
the  deceased  allottee,  providing  such  deceased  allottee  left  no 
surviving  issue  born  alter  March  4,  1906.  If  such  issue  sur- 
vived, alienation  could  then  be  made  after  removal  of  restric- 
tions by  the  Secretary  of  the  Interior.   (7) 


TITLE      DIGEST 
Choctaw  and  Chickasaw  Reference  Continued . 

ACT  OF  1904. 

5.  Act  April  21,  19i>4,  did  not  remove  restrictions  on 
freedmen  as  their  allotments  were  held  to  be  homesteads. 

See 

Sec.  3,  Act  of  April  2(5,  190(5   (34  Stat.  L.  137). 

Homestead  Section  of  the  Atoka  Agreement,  being  Sec. 
29  of  the  Curtis  Act,  June  28,  1898  (30  Stat.  L. 
495). 

Sec.  13,  14,  and  16  of  the  Choctaw  and  Chickasaw 
Treaty,  effective  Sept.  25,  1902. 

Lowe  v.  Fisher,  223  U.  S.  95. 

ACT  OF  1906. 

6.  Sec.  3,  5,  19,  22  and  23  of  the  Act  of  April  26,  1906, 
An  Act  to  provide  for  the  final  disposition  of  the  affairs  of  the 
Five  Civilized  Tribes  in  the  Indian  Territory  and  for  other 
purposes.      (34  Stat.  L.   137.) 

See  Tiger  v.  Western  Investment  Co.,  221  U.  S.  286. 


26 


TITLE      DIGEST 


SURPLUS 


ADULT  ALLOTTEE: 

NON-INDIAN — Freedman  did  not  have  surplus.  (4) 
(<»     see  Sec.  3.) 

Until  April  21,  1904,  other  than  Indians  could  not  alien- 
ate.   (4) 

After  April  21,  1904,  all  restrictions  removed.   (5) 

MIXED-BLOOD — Until  July  26,  1908,  could  alienate  one- 
fourth  in  1,  one-fourth  in  3  and  balance  in  5  years  from  date 
of  patent  (4)  and  after  April  21,  1904,  could  also  alienate  on 
approval  of  the  Secretary  of  the  Interior.    (5) 

After  July  26,  1908,  if  less  than  three-quarter  blood,  all 
restrictions  removed  (7);  if  three-quarter  blood  or  more, 
could  alienate  surplus  on  which  1,  3  and  5-year  periods  had 
•  lapsed  before  July  26,  1908  (4),  but  could  not  alienate  where 
time-restrictions  had  not  elapsed  before  that  date,  excepting 
on  removal  of  restrictions  by  the  Secretary  of  the  Interior.  (7) 

FULL-BLOOD — Until  April  26,  1906,  could  alienate  one- 
fourth  in  1,  one-fourth  in  3  and  balance  in  5  years  from  date 
of  patent  (4);  and  between  April  21,  1904,  and  April  26, 
1906,  could  alienate  on  approval  of  the  Secretary  of  the  In- 
terior.   (5) 

From  April  26,  1906,  to  July  26,  1908,  could  not  alien- 
ate.   (6) 

After  July  26,  1908,  could  alienate  after  removal  of  re- 
strictions by  the  Secretary  of  the  Interior.   (7) 


>  1 1  X OK  A LLOTTEE : 

NON-INDIAN — Freedman  did  not  have  surplus.  (4)  (6 — 
see  Sec.  3.) 

Other  than  freedman  until  July  26,  1908,  could  alienate 
through  probate  court  one-fourth  in  1,  one-fourth  in  3  and 
balance  in  5  years  from  date  of  patent.  (4) 

After  July  26,  1908,  could  alienate  through  probate 
court.   (7) 

MIXED-BLOOD — Until  July  26,  1908,  could  alienate 
through  probate  court  one-fourth  in  1,  one-fourth  in  3  and 
balance  in  5  years' from  date  of  patent.   (4) 

After  July  26,  1908,,  if  less  than  three-quarter  blood, 
could  alienate  through  probate  court;  if  three-quarter  blood 
or  more,  could  alienate  through  probate  court  after  removal 
of  restrictions  by  the  Secretary  of  the  Interior.   (7) 

FULL-BLOOD — Until  April  26,  1906,  could  alienate 
through  probate  court  one-fourth  in  1,  one-fourth  in  3  and 
balance  in  5  years  from  date  of  patent.  (4) 

From  April  26,  1906,  to  July  26,  1908,  could  not  alien- 
ate.   (6) 

After  April  26,  1908,  could  alienate  through  probate 
court  after  removal  of  restrictions  by  the  Secretary  of  the 
Interior.    (7) 


TITLE     DIGEST  11 

Choctaw  and  Chickasaw  Reference  Continued. 

ACT  OF  1  »<>«. 

7.  Sec.  1,  5,  6,  8  and  9  of  the  Act  of  May  27,  1908,  effect- 
ive July  26,  1908  (35  Stat.  L.  312),  An  Act  for  the  removal  of 
restrictions  from  part  of  the  lands  of  the  Five  Civilized  Tribes. 

See 

Tiger  v.  Western  Investment  Co.,  221   U.  S.  286. 
Harris  v.  Gale,  188  Fed.  712. 
U.  S.   v.  Shock,    187   Fed.   870. 
Truskett  v.  Closser,  236  U.  S.  223. 

8.  Sec.  22  of  the  Choctaw  and  Chickasaw  Treaty,  Act  of 
July    1,    1902    (32   Stat.   L.   641). 

See 

Woodward  v.  DeGraffenried,  238  U.  S.  284. 
Ballinger  v.  Frost,  216  U.  S.  240. 

J).  Sec.  23  of  the  Act  of  April  26,  1906,  and  Sec.  8  and  9 
of  the  Act  of  May  27,  1908,  provide  for  alienation  by  will. 

Note  particularly  the  limitation  on  full-blood  after  April 
26,  1906,  if  he  sought  by  will  to  disinherit  parent,  wife, 
spouse  or  children  that  the  will  had  to  be  acknowledged  be- 
fore a  Judge  of  the  United  States  court  for  the  Indian  Terri- 
tory, or  a  United  States  Commissioner.  By  the  Act  of  May  27, 
1908,  this  was  amended  by  adding  the  words,  "A  Judge  of  a 
county  court  of  the  State  of  Oklahoma." 

See  Tiger  v.  Western  Investment  Co.,  221  U.  S.  286. 


SURPLUS 


28  TITLE      DIGEST 

ADULT  HEIR: 

INHERITEO  .\o\-INDIAN — Freedman   did   not  have   surplus.    (4)     (« 

see  Sec.  3.) 

Other  than  freedman  until  April  26,  1906,  could  alienate 
one-fourth  in  1,  one-fourth  in  3  and  balance  in  5  years  from 
date  of  patent.  (4) 

After  April  26,  1906,  all  restrictions  removed.  (6) 

MIXED-BLOOD — Until  April  2  6,  1906,  could  alienate  one- 
fourth  in  1,  one-fourth  in  3  and  balance  in  5  years  from  date  of 
patent.   (4) 

After  April  2  6,  1906,  all  restrictions  removed.  (6) 

FULL-BLOOD — Until  April  26,  1906,  could  alienate  one- 
fourth  in  1,  one-fourth  in  3  and  balance  in  5  years  from  date  of 
patent.   (4) 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  but 
conveyance  required  approval  of  the  Secretary  of  the  Interior. 
(«) 

After  July  26,  1908,  could  alienate  subject  to  the  approval 
of  the  court  having  jurisdiction  of  the  settlement  of  the  estate 
of  the  deceased  allottee.  (7) 

LANDS  ALLOTTED  ON  BEHALF  OF  DEAD  MEMBER— 
All  allottees  could  alienate  free  from  all  restrictions.  (8) 

MINOR  HEIK: 

NON-INDIAN — Freedman  did  not  have  surplus.  (4)  (6 — 
see  Sec.  3.) 

Other  than  freedman  until  April  26,  1906,  could  alienate 
through  the  probate  court  one-fourth  in  1,  one-fourth  in  3  and 
balance  in  5  years  from  date  of  patent.  (4) 

From  April  26,  1906,  to  July  26,  1908,  could  join  with 
adult  heir  in  conveying.  (0) 

After  July  26,  1908,  could  alienate  through  probate  court. 
(') 

MIXED-BLOOD — Until  April  26,  1906,  could  alienate 
through  probate  court  one-fourth  in  1,  one-fourth  in  3  and  bal- 
ance in  5  years  from  date  of  patent.  (4) 

From  April  26,  1906,  until  July  26,  1908,  could  join  with 
adult  heir  in  conveying.  (6) 

After  July  2  6,  1908,  could  alienate  through  probate  court. 
(7) 

FULL-BLOOD — Until  April  26,  1906,  could  alienate  one- 
i'ourth  in  1,  one-fourth  in  3  and  balance  in  5  years  from  date  of 
patent.  (4) 

From  April  26,  1906,  to  July  26,  1908,  on  approval  of  the 
Secretary  of  the  Interior,  could  join  with  adult  heir  in  convey- 
ing. (6) 

After  July  26,  1908,  could  alienate  through  probate  court 
subject  to  the  approval  of  the  court  having  jurisdiction  of  the 
estate  of  the  deceased  allottee.   (7) 

LANDS  ALLOTTED  ON  BEHALF  OF  DEAD  MEMBER — 
All  allottees,  through  the  probate  court,  could  alienate.  (8) 


Seminole  Nation 


30 


T  1  T  LE      DIGEST 


SEMINOLE      NATION 


DESCENT 


HOMESTEAD 


I'ntil  July  28,  1898,  tribal  law.   (1)   Thereafter 

until  Nov.  16,   1907,  the  49th  chapter  of  Mansfield's  Digest  of 

Arkansas,  with  proviso.  (2)  Thereafter 
from  Nov    16,  190  7,  the  Oklahoma  law.  (:{) 


A  1)1  IiT  AliLOTTEE: 

NON-INDIAN — Until  April 


(4) 
will 


26, 


26,    190  6,   could   not  alienate. 
1906,  to  July  26,  1908,  could  alienate  by 


ate. 


will. 


From  April 
(7) 
Alter  July  26,  1908,  all  restrictions  removed.  (8) 

.MIXLD-BLOOD — Until    April    26,    1906,    could   not   alien- 

(4) 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  by 
(7) 

After  July  26,  1908,  if  less  than  half-blood,  all  restrictions 
removed;  if  half-blood  or  more,  could  alienate  after  removal  of 
restrictions  by  the  Secretary  of  the  Interior — and  could  alienate 
by  will  providing  he  had  no  surviving  issue  born  after  March  4, 
1906.  If  such  issue  survived,  could  alienate  after  removal  of 
restrictions  by  the  Secretary  of  the  Interior.  (8) 

FULL-BLOOD — Until  April  26,  1906,  could  not  alien- 
ate.  (4) 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  by 
will,  with  certain  limitations.  (7)    (9) 

Alter  July  26,  1908,  could  alienate  after  removal  of  re- 
strictions by  the  Secretary  of  the  Interior;  and  could  also  alien- 
ate by  will,  providing  he  had  no  surviving  issue  born  after 
March  4,  1906,  with  certain  limitations  on  disinheriting  certain 
heirs.  (7)  ($>)  If  such  issue  survived  could  alienate  on  removal 
of  restrictions  by  the  Secretary  of  the  Interior.  (8) 


MINOR  AXIiOTTEE: 

NON-INDIAN — Until  July  26,  1908,  could  not  alienate. 
(4) 

After  July  2  6,  1908,  could  alienate  through  the  probate 
court.   (8) 

MIXED-BLOOD — Until  July  26,  1908,  could  not  alien- 
ate. (4) 

After  July  26,  1908,  if  less  than  half-blood,  could  alienate 
through  the  probate  court;  if  half-blood  or  more  could  alienate 
through  the  probate  court,  after  removal  of  restrictions  by  the 
Se<  retary  <>r  the  Interior.  (8) 

FULL-BLOOD — Until  July  26,  1908,  could  not  alienate. 
(4) 

After  July  26,  1908,  could  alienate  through  the  probate 
court  after  removal  of  restrictions  by  the  Secretary  of  the  In- 
terior.   (8) 


TITLE      DIGEST  31 

REFERENCE     CHART  —  SEMINOLE 
NATION 


(For  the  text  of  the  sections,  extracts  and  chapters  and  ruling 
cases  named  below  see  pages  following  these 
Digest  pages.) 

1.  See  the  Seminole  Law  of  Descent,  but  as  allotment  of 
land  was  not  made  until  after  the  repeal  of  the  Seminole  law 
by  the  Curtis  Act  of  June  28,  1898  (30  Stat.  L.  495),  there  was 
no  real  estate  subject  to  its  operation.  Sec.  26  and  28  of  the 
Curtis  Act  made  effective  the  49th  chapter  of  Mansfield's  Digest 
of  Arkansas,  which  had  been  adopted  by  the  Act  of  May  2, 
1890,  Sec.  3  0  and  31,  but  held  in  abeyance  by  the  proviso  in 
Sec.  31  until  the  Indian  Appropriation  Act  of  June  7,  1897  (30 
Stat.  L.  83),  partially,  and  the  Curtis  Act,  wholly,  made  the 
Arkansas  law  operative. 

See 

Washington  v.  Miller,  235  U.  S.  424. 
Woodward  v.  De  Graffenried,  238  U.  S.  284. 

2.  See  paragraph  Second  of  Seminole  Agreement  approved 
June  2,  1900  (31  Stat.  L.  250),  which  provided  for  descent 
according  to  the  Laws  of  Descent  and  Distribution  of  the  State 
of  Arkansas,  "Provided,  That  in  all  cases  where  such  property 
would  descend  to  the  parents  under  said  laws  the  same  shall 
first  go  to  the  mother  instead  of  the  father,  and  then  to  the 
brothers  and  sisters,  and  their  heirs,  instead  of  the  father." 

3.  Art.  4,  Chap.  8  2,  Revised  Laws  of  Oklahoma. 

See 

Bartlett  v.  Okla  Oil  Co.,  218  Fed.  380. 

CURTIS  ACT  AND  TREATIES. 

I.  Sec.  11  of  the  Curtis  Act,  June  28,  1898  (30  Stat.  L. 
495). 

Seminole  Agreement,  approved  July  1,  1898  (30  Stat.  L. 
567). 

Supplemental  Seminole  Agreement,  approved  July  2,  1900 
(31  Stat.  L.  250). 

Sec.  36  of  the  Original  Creek  Agreement,  May  25,  1901 
(31  Stat.  L.  861). 

These  acts  provided  for  allotment  and  restriction  on  alien- 
ation of  the  lands  of  the  Seminole  tribe. 

See 

Tiger  v.  Western  Investment  Co.,  2  21  U.  S.  471. 

30,000  Land  Suits,  199  Fed.  811. 

Goat  v.  U.  S.,  224  U.  S.  471. 

Woodward  v.  DeGraffenried,  238  U.  S.  284. 


TITLE      DIGEST 

AIM  IT  III  IK: 

INHERITED  NON-INDIAN — Until   March    3,    1903,   could   not   alienate. 

After  March  3,  1903,  all  restrictions  removed.  (.1) 

MIXED-BLOOD — Until  March  3,  1903,  could  not  alien- 
ate.   (  I ) 

After  March  3,  1903,  if  less  than  half-blood,  all  restrictions 
removed.   (5) 

If  half-blood  or  more,  all  restrictions  removed,  excepting 
on  homesteads  inherited  after  July  26,  1908,  which  could  be 
alienated  providing  deceased  allottee  left  no  surviving  issue 
born  after  March  4,19  06.  If  such  issue  survived  could  alienate 
after  removal  of  restrictions  by  the  Secretary  of  the  Interior. 
(.'»)    (8) 

FULL-BLOOD — Until  March  3,  1903,  could  not  alienate. 
(4) 

From  March  3,  19  03,  to  April  2  6,  1906,  could  alienate.  (5) 

From  April  26,  1906,  to  July  26,  1908,  homestead  inher- 
ited after  April  26,  1906,  could  be  alienated  subject  to  ap- 
proval of  the  Secretary  of  the  Interior.  (7) 

After  July  26,  1908,  could  alienate  providing  deceased  al- 
lottee left  no  surviving  issue  born  after  March  4,  1906.  If  such 
issue  survived,  could  alienate  after  removal  of  restrictions  by 
the  Secretary  of  the  Interior.    (5)    (8) 

MINOR  HEIR: 

NON-INDIAN — Until  March  3,  1903,  could  not  alienate. 
(4) 

After  March  3,  1903,  could  alienate  through  the  probate 
court.  (5) 

MIXED-BLOOD — Until  March  3,  19  03,  could  not  alienate. 

(  ») 

From  March  3,  1903,  until  April  26,  1906,  could  alienate 
through  probate  court.  (5) 

From  April  26,  1906,  until  July  26,  1908,  could  join  adult 
heir  in  conveying.   (7) 

After  July  26,  1908,  could  alienate  through  the  probate 
court,  if  less  than  half-blood;  if  half-blood  or  more,  could  alien- 
ate through  probate  court  providing  deceased  allottee  left  no 
surviving  issue  born  after  March  4,  1906;  if  such  issue  sur- 
vived, could  alienate  through  probate  court  after  removal  of 
restrictions  by  the  Secretary  of  the  Interior.  (8) 

FULL-BLOOD — Until  March  3,  1903,  could  not  alienate. 
(4) 

From  March  3,  190  3,  to  April  26,  1906,  could  alienate 
through  probate  court.   (5) 

After  April  26,  1906,  to  July  26.  1908,  could  join  adult 
heir  in  conveying  subject  to  the  approval  of  the  Secretary  of 
the  Interior.   (7) 

After  July  26,  1908,  could  alienate  subject  to  the  approval 
of  the  court  having  jurisdiction  of  the  settlement  of  the  estate 
of  the  deceased  allottee,  providing  such  deceased  allottee  left 
no  surviving  issue  born  after  March  4,  1906.  If  such  issue  sur- 
vived could  alienate  subject  to  approval  of  such  court  after  re- 
moval of  restrictions  by  the  Secretary  of  the  Interior.  (8) 


TITLE      DICKS  T  33 

Seminole  Reference  Continued. 

ACT  OF  MARCH  :$,  1003. 

r>.  Indian  Appropriation  Acl  of  March  3,  1903  (32  Stat.  L. 
982),  providing  that  the  homestead  shall  he  inalienable  during 
the  lifetime  of  the  allottee,  not  exceeding  twenty-one  years  from 
the  date  of  the  deed  for  the  allotment.  The  provision  in  the 
Original  Treaty  of  July  1,  1898,  was  that  the  homestead  should 
be  inalienable  and  non-taxable  in  perpetuity. 

For  the  descent  of  the  homestead  to  the  heirs  unrestricted, 
see  Mullen  v.  U.  S.,  224  U.  S.  448. 

See 

30,000  Land  Suits. 

Ballinger  v.  Frost,  216  U.  S.  240. 

Goat  v.  U.  S.,  224  U.  S.  458. 

Eastern  Cherokees  v.  U.  S„  225  U.  S.  571. 

ACT  OF  1004. 

6.  Indian  Appropriation  Act  of  April  21,  1904  (33  Stat. 
L.  189),  removing  restrictions  on  surplus  lands  of  those  not  of 
Indian  blood,  except  as  to  minors  and  homesteads,  and  empow- 
ering the  Secretary  of  the  Interior  to  remove  restrictions  on 
those  of  Indian  Blood,  except  as  to  minors  and  homesteads. 

See 

Goat  v.  U.  S.,  224  U.  S.  458. 

Deming  Investment  Co.  v.  U.  S.,  224  U.  S.  471. 

30,000  Land  Suits,  199  Fed.  811. 

Godfrey  v.  Iowa  land  ami  Trust  Co.,  21  Okla.  29"3. 

Skelton  v.  Dill,  225  U.  S.  206. 


ACT  OF  1006. 

7.  Sec.  2.  :.,  19,  22  and  2:!  of  the  Act  of  April  26,  1906  (34 
Stat.  L.  137),  An  Act  to  provide  for  the  final  disposition  of  the 
affairs  of  the  Five  Civilized  Tribes  in  the  Indian  Territory,  and 
for  other  purposes. 

See 

Tiger  \.  Western  Investment  Co.,  221   (J.  S.  286. 
Godfrey  v.  Iowa  Land  and  Trust  Co..  2  1   Okla.  293. 


34  TITLE      DIGEST 


ADULT  ALLOTTEE: 


Surplus  NON-INDIAN — Until   April   21,    1904,   could  not  alienate. 

(4) 

After  April  21,  19  04,  all  restrictions  removed.   (6) 

MIXED-BLOOD— Until  April  21,  1904,  could  not  alien- 
ate.  H) 

From  April  21,  1904,  to  July  26,  190S,  could  alienate  on 
approval  of  the  Secretary  of  the  Interior.   (6) 

After  July  26,  1908,  if  less  than  three-quarter  blood,  all 
•  restrictions  removed;  it  three-quarter  blood  or  more,  could 
alienate  on  removal  of  restrictions  by  the  Secretary  of  the  In- 
terior.  (8) 

FULL-BLOOD — Until  April  21,  1904,  could  not  alienate. 
(4) 

From  April  21,  1904,  to  April  26,  1906,  could  alienate  on 
approval  of  the  Secretary  of  the  Interior.  (6) 

From  April  26,  1906,  to  July  26,  1908,  could  not  alienate. 
(7) 

After  July  26,  1908,  could  alienate  after  removal  of  re- 
strictions by  the  Secretary  of  the  Interior.   (8) 


MINOR  ALLOTTEE: 

NON-INDIAN — Until  July  26,  1908,  could  not  alienate. 
(4) 

After  July  26,  1908,  could  alienate  through  probate  court. 
(8) 

MIXED-BLOOD — Until  July  26,  1908,  could  not  alienate. 
(4) 

Alter  .Inly  26,  1908,  if  less  than  three-quarter  blood,  could 
alienate  through  probate  court;  if  three-quarter  blood  or  more, 
could  alienate  after  removal  of  restrictions  by  the  Secretary  of 
the  Interior.  (8) 

FULL-BLOOD — Until  July  26,  1908,  could  not  alienate. 
(4) 

After  July  26,  1908,  could  alienate  after  removal  of  re- 
strictions by  the  Secretary  of  the  Interior.  (8) 


TITLE      DIGEST  3  5 

Seminole  Reference  Continued. 

ACT  OK  1«)OK. 

8.  Sec.  1,  5,  8  and  9  of  the  Ad  of  May  27,  1908  (35  Stat. 
L.  312),  An  Act  for  the  removal  of  restrictions  from  part  of  the 
lands  of  allottees  of  the  Five  Civilized  Tribes  and  for  other  pur- 
poses. 

See 

Tiger  v.  Western  Investment  Co.,  221  U.  S.  286. 
Harris  v.  Gale,  188  Fed.  712. 
U.  S.  v.  Shock,  187  Fed.  870. 
Truskett  v.  Closser,  236  U.  S.  223. 

WILLS. 

J).  Sec.  23  of  the  Act  of  April  26,  1906  (34  Stat.  L.  137), 
and  Sec.  8  and  9  of  the  Act  of  May  27,  1908  (35  Stat.  L.  312), 
provide  for  alienation  by  will. 

NOTE — In  Sec.  23  of  the  Act  of  April  26,  1906,  is  a  pro- 
vision that  the  will  of  a  full-blood,  if  he  sought  to  disinherit 
parent,  wife,  spouse  or  children,  had  to  be  acknowledged  before 
and  approved  by  a  Judge  of  the  United  States  Court  for  the  In- 
dian Territory  or  a  United  States  Commissioner.  This  was 
amended  by  Sec.  8  of  the  Act  of  May  27,  1908,  by  adding  the 
words:  "or  a  judge  of  a  county  court  of  the  State  of  Oklahoma." 


36  TITLE      DIGEST 


AIH  l/r  HEIR: 


INHERITED  NON-INDIAN — Until  April    21,    1904,   could   not  alienate. 

SURPLUS  (4) 

Alter  April  21,  1904,  all  restrictions  removed.  (6) 

MIXED-BLOOD — Until  April  26,  1906,  could  not  alien- 
ate. (4) 

Alter  April  26,  1906,  all  restrictions  removed.   ((>) 

FULL-BLOOD — Until  April  26,  1906,  could  not  alien- 
ate. (4) 

From  April  26,  1906,  to  July  26,  1908,  could  alienate  on 
approval  of  the  Secretary  of  the  Interior.   ((») 

After  July  26,  1908,  could  alienate  on  approval  of  the 
court  having  jurisdiction  of  the  settlement  of  the  estate  of  the 
deceased  allottee.   (8) 


MIX  OH  HEIR: 

NON-INDIAN — Until  April  26,  1906,  could  not  alienate. 
(4) 

From  April  26,  1906,  to  July  26,  1908,  could  join  adult 
heir  in  conveying.   (<j) 

After  July  26,  1908,  could  alienate  through  the  probate 
court.   (8) 

MIXED-BLOOD — Until  April  26,  1906,  could  not  alien- 
ate. (4) 

From  April  26,  1906,  until  July  26,  1908,  could  join  adult 
heir  in  conveying.  ((>) 

After  July  26,  1908,  could  alienate  through  probate  court. 
(«) 

FULL-BLOOD — Until  April  26,  1906,  could  not  alienate. 
(4) 

From  April  26,  1906,  until  July  26,  1908,  could  join  adult 
heir  in  conveying,  with  the  approval  of  the  Secretary  of  the 
Interior.   ((») 

After  July  26,  1908,  could  alienate  through  probate  court 
on  approval  of  the  court  having  jurisdiction  of  the  estate  of  the 
deceased  allottee.  (8) 


TITLE      DIGEST  37 


APPENDIX      NO 


TOWN  LOTS. 


Titles  to  town  lots  in  the  territory  of  the  Five  Civilized 
Tribes  are  based  on  the  Act  of  Congress  of  June  2  8,  1898,  The 
Original  Curtis  Act,  30  Stat.  L.  495;  Thomas  46;  Bledsoe  407; 
which  provided  for  the  extinguishment  of  the  government  and 
tribal  titles  (See  Woodward  v.  DeGraffenried,  238  U.  S.  284), 
the  Indian  Appropriation  Act  of  May  31,  1900,  31  Stat.  L. 
221;  Thomas  294;  Bledsoe  535;  the  Indian  Appropriation  Act 
of  March  3,  1903,  32  Stat.  L.  982;  Thomas  304;  Bledsoe  98; 
and  the  various  treaties  with  the  tribes,  Creek,  Cherokee,  Choc- 
taw and  Chickasaw  and  Seminole  Indians. 

Upon  the  provisions  of  these  Acts  and  treaties  patents  to 
town  lots  were  executed  and  delivered  by  the  principal  chiefs 
of  the  nations,  upon  the  approval  of  such  patent  by  the  Secre- 
tary of  the  Interior. 

These  patents  recite — the  appointment  of  the  townsiste  com- 
mission which  appraised  the  lots,  the  approval  of  the  plat  by  the 
Secretary  of  the  Interior,  the  filing  of  such  plat,  the  awarding 
of  the  lot  to  the  proper  person — through  preferential  claim  by 
virtue  of  having  made  improvements  thereon  or  having  pur- 
chased improvements  made  thereon — the  sale  of  such  lot  and 
the  payment  by  the  purchaser  of  the  full  purchase  price. 

In  the  absence  of  fraud  the  patent  is  conclusive  and 
from  the  time  of  its  delivery  the  town  lot  passes  into  the  realm 
of  general  title  law  the  same  as  the  town  lot  of  any  other  state. 

NOTE  1.  The  Act  of  1903  referred  to  above  provided  for 
alienation  of  allotments  and  inherited  lands,  on  approval  of  the 
Secretary  of  the  Interior  on  recommendation  of  the  Commission 
to  the  Five  Civilized  Tribes,  for  townsite  purposes. 


SEGREGATED  AND  RESIDUE  LANDS. 

In  the  various  nations  of  the  Five  Civilized  Tribes  there 
were  certain  lands  segregated  from  allotment,  or  remaining 
after  the  distribution  of  the  lands  to  the  members  of  the  tribes. 
These  have  been  sold,  from  time  to  time  by  the  authority  of 
Congress,  under  direction  of  the  Secretary  of  the  Interior.  Pat- 
ents or  deeds  have  been  delivered  to  the  purchasers  of  such 
lands,  which,  in  the  absence  of  fraud,  are  complete  evidence  of 
title. 


TITLE      DIGEST  39 


It  E  F  E  R  E  N  (   E      SECTIONS 


(Following  is  the  text  of  sections,  chapters  and  extracts  lioin 
Acts  referred  to  in  the  Digest.) 


TltlllAL  LAWS  OK  DESCENT  AND  DISTRIBUTION. 


CREEK  NATION. 

(Compilation  of  1880) 

Sec.  8,  Art.  10,  Chap.  10.  The  lawful  or  acknowl- 
edged wife  of  a  deceased  husband  shall  be  entitled  to 
one-half  of  the  estate,  if  there  are  no  other  heirs,  in  all 
cases  where  there  is  no  will.  The  husband  surviving 
shall  inherit  of  a  deceased  wife  in  like  manner. 

Sec.  1,  Art.  2,  Chap.  12.  Should  any  person  or  per- 
sons appear,  claiming  to  be  the  child  or  children  of  any 
deceased  male  citizen  of  this  Nation,  should  it  be  proved 
that  any  such  deceased  person  did  not  during  life  rec- 
ognize such  person  or  persons  as  offspring,  then  such 
person  shall  not  be  entitled  to  any  share  in  the  estate  of 
the  deceased. 

Civil  Laws  Approved  Oct.  12,  1867,  and  Not  Re- 
pealed— 6.  Be  it  further  enacted,  that  if  any  person  die 
without  a  will,  having  property  and  children,  the  prop- 
erty shall  be  equally  divided  by  disinterested  persons; 
and  in  all  cases  where  there  are  no  children,  the  nearest 
relative  shall  inherit  the  property.  (Also  contained  in 
the  "Laws  of  the  Creek  Nation,"  Perryman  compila- 
tion of  1890.) 

McKellop   Compilation  of    1893— Chap.    14— Sec. 

258.    If  any  person  claim  to  be  the  child  of  a  deceased 
male  person,  and  it  should  be  proven  that  such  person 


40  TITLE      DIGEST 

did  not,  during  life,  recognize  the  claimant  as  his  off- 
spring, then  such  claimant  shall  not  be  entitled  to  any 
share  in  the  estate  of  the  deceased. 

Sec.  263.  The  lawful  or  acknowledged  wife  of  a  de- 
ceased husband  shall  be  entitled  to  one-half  of  the  es- 
tate, if  there  are  no  children,  and  a  child's  part,  if  there 
should  be  children,  in  all  cases  where  there  is  no  will. 
The  husband  surviving  shall  inherit  of  a  deceased  wife 
In  like  manner. 

CHOCTAW  NATION. 

i  A.  Et.  1  nirant  Compilation. ) 

Sec.  7,  County  Courts  and  Courts  of  Probate — 12. 

The  property  of  all  persons  who  die  intestate,  or  with- 
out a  will,  shall  descend  to  his  legal  wife,  or  husband, 
and  their  children  ;  and  in  case  such  deceased  person  has 
neither  wife,  nor  husband,  nor  children,  his  or  her 
grandchildren  (if  any)  shall  inherit  the  estate;  and  in 
case  there  is  no  grandchild  the  father  or  mother  of  such 
deceased  person,  or  either  of  them  shall  inherit  the  es- 
tate ;  and  in  case  such  deceased  person  has  neither  wife, 
nor  husband,  children  or  grandchildren,  father  or  moth- 
er, his  or  her  estate  shall  go  to  his  or  her  brothers  and 
sisters,  and  if  none  to  their  lawful  children.  Should 
there  be  none  of  the  above  mentioned  relatives,  to  the 
inteste  deceased  person,  the  estate  shall  descend  to  the 
half  brothers  and  sisters  of  the  deceased  person  and 
their  legal  issue. 

CHICKASAW  NATION. 

i  An    \<i   in  relation  to  the  descenl  of  property  approved  1876.) 

1.  Be  it  enacted  by  the  Legislature  of  the  Chicka- 
saw Nation,  that  from  and  after  the  passage  of  this 
Act,  the  property  of  all  persons  who  die  intestate  or 
without  a  will,  shall  descend  to  the  legal  wife  or  hus- 
band, and  their  children. 


TITLE      DIGEST  41 

2.  Be  it  further  enacted,  that  in  case  such  deceased 
person  has  neither  wife,  nor  husband,  nor  children  his 
or  her  grandchildren  (if  any),  shall  inherit  the  estate. 

3.  Be  it  further  enacted,  that  in  case  there  be  no 
grandchildren,  then  the  brother  or  sister  shall  inherit 
the  estate,  and  the  next  of  kin  shall  be  the  father  or 
mother,  or  either  of  them. 

4.  Be  it  further  enacted,  that  in  case  such  person 
has  neither  wife  nor  husband,  children  or  grandchildren, 
brother  or  sister,  father  or  mother,  then  the  property 
shall  descend  to  the  half  brothers  and  sisters  of  the  de- 
ceased and  their  legal  issue. 


CHEROKEE  NATION. 

(Compilation  of  1892,  Chap.  9,  Art.  4,  Descent  of  Property.) 

Sec.  518.  Whenever  any  person  shall  die  possessed 
of  property  not  devised,  the  same  shall  descend  in  the 
following  order,  to-wit: 

1.  In  equal  parts  to  the  husband  and  wife,  and  the 
children  of  such,  intestate,  and  their  descendants ;  the 
descendants  of  a  deceased  child,  or  grandchild,  to  take 
the  share  of  a  deceased  parent  equally  among  them. 

2.  To  the  father  and  mother  equally,  or  to  the  sur- 
vivor of  them. 

3.  In  equal  parts  to  the  brothers  and  sisters  of 
such  intestate,  and  their  descendants ;  the  descendants 
of  brothers  and  sisters,  to  take  the  share  of  the  de- 
ceased parent  equally  among  them. 

4.  When  there  are  none  of  the  foregoing  persons 
to  inherit,  the  property  of  such  deceased  person  shall  go 
to  his  next  of  kin  by  blood.  Kindred  of  the  whole  and 
half  blood,  in  the  same  degree,  shall  inherit  equally. 

5.  The  property  of  the  intestates,  who  have  no  sur- 


42  TITLE      DIGEST 

viving  relative  to  inherit  as  above,  shall  escheat  to  the 
treasury  of  the  nation,  to  be  placed  to  the  credit  of  the 
orphan  fund. 

SEMINOLE  NATION. 

The  Seminole  law  of  descent  was  that  in  all  cases 
where  property  would  descend  to  the  parents  it  should 
go  first  to  the  mother  instead  of  to  the  father,  and  then 
to  the  brothers  and  sisters,  and  their  heirs,  instead  of 
to  the  father. 


TITLE      DIGEST  43 


ACT      O  F     M  A  Y     2  ,     1  8 9  0 


AN  ACT  TO  PROVIDE  A  TEMPORARY  GOVERNMENT  FOR 
THE  TERRITORY  OF  OKLAHOMA,  TO  ENLARGE  THE 
JURISDICTION  OF  THE  UNITED  STATES  COURT  IX 
THE  INDIAN  TERRITORY,  AND  FOR  OTHER  PUR- 
POSES.  (25  STAT.  L.  81.) 

Proviso  Which  Restricted  the  Application  of  Chap- 
ter 49  of  Mansfield's  Digest  of  Arkansas,  Until  the  Pas- 
sage of  the  Curtis  Act  of  June  28,  1898— Sec.  30.  Pro- 
vided, however,  That  the  judicial  tribunals  of  the  Indian 
Nation  shall  retain  exclusive  jurisdiction  in  all  civil  and 
criminal  cases  arising  in  the  country  in  which  the  mem- 
bers of  the  nation  by  nativity  or  adoption  shall  be  the 
only  parties;  and  as  to  all  such  cases  the  laws  of  the 
State  of  Arkansas  extended  over  and  put  in  force  in  said 
Indian  Territory  by  this  act  shall  not  apply. 

Extending  the  Laws  of  Arkansas,  Subject  to  the 
Above  Provisions,  Over  the  Indian  Territory — Sec.  31. 

That  certain  general  laws  of  the  State  of  Arkansas  in 
force  at  the  close  of  the  session  of  the  general  assembly 
of  that  State  of  Eighteen  Hundred  and  Eighty-three, 
as  published  in  Eighteen  Hundred  and  Eighty-four  in 
the  volume  known  as  Mansfield's  Digest  of  the  Statutes 
of  Arkansas,  which  are  not  locally  inapplicable  or  in  con- 
flict with  this  act  or  with  any  law  of  Congress,  relating 
to  the  subjects  specially  mentioned  in  this  section,  are 
hereby  extended  over  and  put  in  force  in  the  Indian  Ter- 
ritory, until  Congress  shall  otherwise  provide,  that  is  to 
say,  the  provisions  of  the  said  general  statutes  of  Ar- 
kansas relating  to  administration. 

Chapter  One,  and  the  United  States  Court  in  the 
Indian  Territory  herein  referred  to  shall  have  and  exer- 
cise the  powers  of  courts  of  probate  under  said  laws ;  to 
public  administrators. 


44  TITLE      DIGEST 

To  Descents  and  Distributions,  Chapter  Forty-nine. 


Chaper  Forty-Nine  of  Mansfield's  Digest  of  Arkan- 
sas— Descents  and  Distribution — Section  2522.  When 
any  person  shall  die,  having  title  to  any  real  estate  of 
inheritance,  or  personal  estate  not  disposed  of,  nor  oth- 
erwise limited  by  marriage  settlement,  and  shall  be  in- 
testate as  to  such  estate,  it  shall  descend  and  be  dis- 
tributed in  parcenary  to  his  kindred  male  and  female, 
subject  to  the  payment  of  his  debts  and  the  widow's 
dower,  in  the  following  manner : 

First:  To  children,  or  their  descendants  in  equal 
parts. 

Second :  If  there  be  no  children,  then  to  the  father, 
then  to  the  mother ;  if  no  mother,  then  to  the  brothers 
and  sisters  or  their  descendants,  in  equal  parts. 

Third:  If  there  be  no  children,  nor  their  descend- 
ants, father,  mother,  brothers  or  sisters,  nor  their  de- 
scendants, then  to  the  grandfather,  grandmother, 
uncles  and  aunts,  and  their  descendants,  in  equal  parts, 
and  so  on  in  other  cases,  without  end,  passing  to  the 
nearest  lineal  ancestor,  and  their  children  and  their  de- 
scendants, in  equal  parts. 

Section  2523.  Posthumous  children  of  the  intestate 
shall  inherit  in  like  manner  as  if  born  in  the  life  time  of 
the  intestate,  but  no  right  of  inheritance  shall  accrue  to 
any  person  other  than  the  children  of  the  intestate,  un- 
less they  be  born  at  the  time  of  the  intestate's  death. 

Sec.  2524.  Illegitimate  children  shall  be  capable  of 
inheriting  and  transmitting  an  inheritance,  on  the  part 
of  their  mother,  in  like  manner  as  if  they  had  been  le- 
gitimate of  their  mother. 

Sec.  2525.  If  a  man  have  by  a  woman  a  child  or 


TITLE      DIGEST  45 

children,  and  afterward  shall  intermarry  with  her,  and 
shall  recognize  such  children  to  be  his,  they  shall  be 
deemed  and  considered  as  legitimate. 

Sec.  2526.  The  issue  of  all  marriages  deemed  null 
in  law,  or  dissolved  by  divorce,  shall  be  deemed  and  con- 
sidered as  legitimate. 

Sec.  2527.  In  making  title  by  descent  it  shall  be  no 
bar  to  a  demandant  that  any  ancestor  through  whom  he 
derives  his  descent  from  the  intestate  is,  or  has  been, 
an  alien. 

Sec.  2528.  If  there  be  no  children  or  their  descend- 
ants, father,  mother,  nor  their  descendants,  or  any 
paternal  or  maternal  kindred  capable  of  inheriting,  the 
whole  shall  go  to  the  wife  or  husband  of  the  intestate. 
If  there  be  no  such  wife  or  husband,  then  the  estate 
shall  go  to  the  state. 

Sec.  2529.  If  any  children  of  an  intestate  be  living, 
and  some  be  dead,  the  inheritance  shall  descend  to  the 
children  who  are  living,  and  to  the  descendants  of  such 
children  as  shall  have  died,  so  that  each  child  who  shall 
be  living  shall  inherit  such  share  as  would  have  de- 
scended to  him  if  all  the  children  of  the  intestate  who 
shall  have  died  leaving  issue  had  been  living  so  that  the 
descendants  of  each  child  who  shall  be  dead  shall  in- 
herit the  same  their  parents  would  have  received  if 
living. 

Sec.  2530.  The  rule  of  descent  prescribed  in  the  last 
preceding  section  shall  apply  in  every  case  where  the 
descendants  of  the  intestate,  entitled  to  share  in  the  in- 
heritance, shall  be  in  equal  degree  of  consanguinity  to 
the  intestate,  so  that  those  who  are  in  the  nearest  de- 
gree of  consanguinity  shall  take  the  shares  which  would 
have  descended  to  them  had  all  the  descendants  in  the 
same  degree  who  shall  have  died  leaving  issue  been  liv- 
ing so  that  the  issue  of  the  descendants  who  shall  have 
died  shall  respectively  take  the  shares  which  their 
parents,  if  living  would  have  received. 


46  TITLE      DIGEST 

Sec.  2531.  In  cases  where  the  intestate  shall  die 
without  descendants,  if  the  estate  come  by  the  father, 
then  it  shall  ascend  to  the  father  and  his  heirs ;  if  by 
the  mother,  the  estate  or  so  much  thereof  as  came  by 
the  mother,  shall  ascend  to  the  mother  and  her  heirs ; 
but  if  the  estate  be  a  new  acquisition  it  shall  ascend  to 
the  father  for  his  life  time  and  then  descend  in  remain- 
der to  the  collateral  kindred  of  the  intestate  in  the  man- 
ner provided  in  this  act ;  and,  in  default  of  a  father,  then 
to  the  mother  for  her  life  time ;  then  to  descend  to  the 
collateral  heirs  as  before  provided. 

Sec.  2532.  The  estate  of  an  intestate  in  default  of  a 
father  and  mother,  shall  go  first  to  the  brothers  and  sis- 
ters and  their  descendants,  of  the  father;  next,  to  the 
brothers  and  sisters,  and  their  descendants,  of  the 
mother.  This  provision  applies  only  where  there  are  no 
kindred,  either  lineal  or  collateral,  who  stand  in  a  nearer 
relation. 

Sec.  2533.  Relations  of  the  half-blood  shall  inherit 
equally  with  those  of  the  whole  blood  in  the  same  de- 
gree ;  and  the  descendants  of  such  relatives  shall  inherit 
in  the  same  manner  as  the  descendants  of  the  whole 
blood,  unless  the  inheritance  come  to  the  intestate  by 
descent,  devise  or  gift,  of  some  one  of  his  ancestors,  in 
which  case  all  those  who  are  not  of  the  blood  of  such  an- 
cestors shall  be  excluded  from  such  inheritance. 

Sec.  2534.  In  all  cases  not  provided  for  by  this  Act, 
the  inheritance  shall  descend  according  to  the  course  of 
the  common  law. 

Sec.  2535.  Whenever  an  inheritance  or  a  share  of 
an  inheritance  shall  descend  to  several  persons,  under 
the  provisions  of  this  act,  they  shall  inherit  as  tenants  in 
common,  in  proportion  to  their  respective  shares  or 
rights. 

ADVANCEMENT. 
Sec.  2536.  If  any  child  of  an  intestate  shall  have 


TITLE      DIGEST  47 

been  advanced  by  him,  in  his  life  time,  by  settlement  or 
portion  of  real  or  personal  estate,  or  both  of  them,  the 
value  thereof  shall  be  reckoned  for  the  purpose  of  this 
section,  only  as  part  of  the  real  and  personal  es- 
tate of  such  intestate  descendible  to  his  heirs, 
and  to  be  distributed  to  his  next  of  kin,  accord- 
ing to  law;  and  if  such  advancement  be  equal 
to  the  amount  of  the  share  which  such  child 
would  be  entitled  to  receive  of  the  real  and  personal 
estate  of  the  deceased,  as  herein  reckoned,  then 
such  child  and  his  descendants  shall  be  excluded  from 
any  share  of  the  real  and  personal  estate  of  the  intes- 
tate. 

Sec.  2537.  In  cases  where  such  advancement  is  not 
equal  to  the  share  that  such  child  or  relative  and  his  de- 
scendants shall  be  entitled  to  receive,  they  shall  be  en- 
titled to  receive  so  much  of  the  real  and  personal  estate 
as  shall  be  sufficient  to  make  all  the  shares  of  the  heirs 
in  such  real  and  personal  estate  and  advancement  to  be 
as  nearly  equal  as  possible. 

Sec.  2538.  The  value  of  any  real  or  personal  estate 
so  advanced  shall  be  deemed  to  be  that,  if  any,  which 
was  acknowledged  by  the  person  receiving  the  same  by 
any  receipt,  in  writing,  specifying  the  value ;  if  no  such 
written  evidence  exists,  then  such  value  shall  be  esti- 
mated according  to  its  value  at  the  time  of  advancing 
such  money  or  property. 

Sec.  2539.  The  maintaining,  educating  or  giving 
money  to  a  child  or  heir,  without  a  view  to  a  portion  or 
settlement  in  life,  shall  not  be  an  advancement  within 
the  meaning  of  this  act. 


CONSTRUCTION. 

Sec.  2540.  The  term  "real  estate"  as  used  in  this 
act,  shall  be  construed  to  include  every  estate,  interest 
and  right,  legal  and  equitable,  in  lands,  tenements  and 


4S  TITLE      DIGEST 

hereditaments,  except  such  as  are  determined  or  ex- 
tinguished by  the  death  of  the  intestate,  seized  or  pos- 
sessed thereof  in  any  manner,  other  than  by  lease  for 
years  and  estate  for  the  life  of  another  person. 

Sec.  2541.  The  term  "inheritance"  as  used  in  this 
act,  shall  be  understood  to  mean  real  estate,  as  herein 
defined,  descended  according  to  the  provisions  of  this 
act. 

Sec.  2542.  Whenever,  in  any  part  of  this  act,  any 
person  is  described  as  living  it  shall  be  understood  that 
he  was  living  at  the  time  of  the  death  of  the  intestate 
from  whom  the  descent  came ;  and  when  any  person  is 
described  as  having  died,  it  shall  be  understood  that  he 
died  before  the  intestate. 

Sec.  254.3.  The  expression  used  in  this  act  "where 
the  estate  shall  have  come  to  the  intestate  on  the  part  of 
the  "father"  or  "mother"  as  the  case  may  be,  shall  be 
construed  to  include  every  case  where  the  inheritance 
shall  have  come  to  the  intestate  by  gift,  devise  or 
descent  from  the  parent  referred  to,  or  from  any  rela- 
tive of  the  blood  of  such  parent.    Rev.  Stat.  Chap.  49. 

Heirs  at  law  may  be  made  by  declaration  in  writing. 

Sec.  2544.  When  any  person  may  desire  to  make  a 
person  his  heir  at  law  it  shall  be  lawful  to  do  so  by  a 
declaration  in  writing  in  favor  of  such  person,  to  be 
acknowledged  before  any  judge,  justice  of  the  peace, 
clerk  of  any  court  or  before  any  court  of  record  in  this 
state. 

Sec.  2545.  Before  said  declaration  shall  be  of  any 
force  or  effect  it  shall  be  recorded  in  the  county  where 
the  said  declarant  may  reside,  or  in  the  county  where 
the  person  in  whose  favor  such  declaration  is  may  re- 
side. 


TITLE      DIGEST  49 

RULING  OASES. 

For  cases  on  construction  of  this  statute  see  Kelly's 
Heirs  v.  McGuire,  15th  Ark.  555 ;  on  inheritance,  per 
capita  and  per  stirpes,  Garrett  v.  Bean,  51  Ark.  52;  9 
S.  W.  435 ;  as  to  heirs,  Johnson  v.  Knight  of  Honor,  53 
Ark..  255 ;  13  S.  W.  794 ;  as  to  Creek  Nation,  Davidson 
v.  Gibson,  56  Fed.  443 ;  as  to  ancestral  estate,  Sec.  2531 
above,  Galloway  v.  Robinson,  19  Ark.  396;  Magnes  v. 
Arnold,  31  Ark.  103;  Shulthis  v.  McDougal,  170  Fed. 
529 ;  McDougal  v.  McKay,  237  U.  S.  372. 


50  TITLE      DIGEST 


A  CT    OF    .1  I   N  E    7,    189  7 


AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  CURRENT 
AND  CONTINGENT  EXPENSES  OF  THE  INDIAN  DE- 
PARTMENT AND  FOR  FULFILLING  TREATY  STIPU- 
LATIONS WITH  VARIOUS  INDIAN  TRIBES,  AND  FOR 
OTHER  PURPOSES.    (30  STAT.  L.  62.) 

Extending  Laws  of  U.  S.  and  State  of  Arkansas  to 

All  Persons — "and  the  laws  of  the  United  States  and  the 
State  of  Arkansas  in  force  in  the  Territory  shall  apply 
to  all  persons  therein,  irrespective  of  race,  said  courts 
exercising  jurisdiction  thereof  as  now  conferred  upon 
them  in  the  trial  of  like  causes." 


TITLE      DIGEST  51 

CURTIS    ACT. 

(June  28,  1898.) 


AX  ACT  FOR  THE  PROTECTION  OF  THE  PEOPLE  OF  THE 
INDIAN  TERRITORY,  AND  FOR  OTHER  PURPOSES. 
(30  STAT.  L.  495.) 

Tribal  Laws  and  Tribal  Courts  Abolished — 19th 
Chapter  of  Mansfield's  Digest  of  Ark.,  Effective — Allot- 
ment of  the  Surface  of  Tribal  Lands  by  the  Dawes  Com- 
mission— Sec.  11.  That  when  the  roll  of  citizenship  of 
any  one  of  said  nations  or  tribes  is  fully  completed  as 
provided  by  law,  and  the  survey  of  the  lands  of  said 
nation  or  tribe  is  also  completed,  the  Commission  here- 
tofore appointed  under  acts  of  Congress,  and  known  as 
the  "Dawes  Commission,"  shall  proceed  to  allot  the  ex- 
clusive use  and  occupancy  of  the  surface  of  all  the  lands 
of  said  nation  or  tribe  susceptible  of  allotment  among 
the  citizens  thereof,  as  shown  by  said  roll,  giving  to 
each,  so  far  as  possible,  his  fair  and  equal  share  thereof, 
considering  the  nature  and  fertility  of  the  soil,  location, 
and  value  of  same ;  but  all  oil,  coal,  asphalt,  and  mineral 
deposits  in  the  lands  of  any  tribe  are  reserved  to  such 
tribe,  and  no  allotment  of  such  lands  shall  carry  the 
title  to  such  oil,  coal,  asphalt,  or  mineral  deposits ;  and 
all  town  sites  shall  also  be  reserved  to  the  several  tribes, 
and  shall  be  set  apart  by  the  Commission  heretofore 
mentioned  as  incapable  of  allotment.  There  shall  also 
be  reserved  from  allotment  a  sufficient  amount  of  lands 
now  occupied  by  churches,  schools,  parsonages,  charita- 
ble institutions,  and  other  public  buildings  for  their 
present  actual  and  necessary  use,  and  no  more,  not  to 
exceed  five  acres  for  each  school  and  one  acre  for  each 
church  and  each  parsonage,  and  for  such  new  schools 
as  may  be  needed  ;  also  sufficient  land  for  burial  grounds 


52  TITLE      DIGEST 

w  here  necessary.  When  such  allotment  of  the  lands  of 
any  tribe  has  been  by  them  completed,  said  Commission 
shall  make  full  report  thereof  to  the  Secretary  of  the 
Interior  for  his  approval :  Provided,  That  nothing  herein 
contained  shall  in  any  way  affect  any  vestal  legal  rights 
which  may  have  been  heretofore  granted  by  act  of  Con- 
gress, nor  be  so  construed  as  to  confer  any  additional 
rights  upon  any  parties  claiming  under  any  such  act  of 
Congress :  Provided  further,  That  whenever  it  shall  ap- 
pear that  any  member  of  a  tribe  is  in  possession  of 
lands,  his  allotment  may  be  made  out  of  the  lands  in  his 
possession,  including  his  home  if  the  holder  so  desires ; 
Provided  further,  That  if  the  person  to  whom  an  allot- 
ment shall  have  been  made  shall  be  declared,  upon  ap- 
peal as  herein  provided  for,  by  any  of  the  courts  of  the 
United  States  in  or  for  the  aforesaid  Territory,  to  have 
been  illegally  accorded  rights  of  citizenship,  and  for 
that  or  any  other  reason  declared  to  be  not  entitled  to 
any  allotment,  he  shall  be  ousted  and  ejected  from  said 
lands;  that  all  persons  known  as  intruders  who  have 
been  paid  for  their  improvements  under  existing  laws 
and  have  not  surrendered  possession  thereof  who  may 
be  found  under  the  provisions  of  this  act  to  be  entitled 
to  citizenship  shall,  within  ninety  days  thereafter,  re- 
fund the  amount  so  paid  them,  with  six  per  centum 
interest,  to  the  tribe  entitled  thereto;  and  upon  their 
failure  so  to  do  said  amount  shall  become  a  lien  upon  all 
improvements  owned  by  such  person  in  such  Territory, 
and  may  be  enforced  by  such  tribe ;  and  unless  such  per- 
son makes  such  restitution  no  allotments  shall  be  made 
to  him :  Provided  further,  That  the  lands  allotted  shall 
be  nontransferable  until  after  full  title  is  acquired  and 
shall  be  liable  for  no  obligations  contracted  prior  there- 
to by  the  allottee,  and  shall  be  nontaxable  while  so  held : 
Provided  further,  That  all  towns  and  cities  heretofore 
incorporated  or  incorporated  under  the  provisions  of 
this  act  are  hereby  authorized  to  secure,  by  condemna- 
tion or  otherwise,  all  the  lands  actually  necessary  for 
public  improvements,  regardless  of  tribal  lines;  and 
when  the  same  can  not  be  secured  otherwise  than  by 


TITLE      DIGEST  53 

condemnation,  then  the  same  may  be  acquired  as  pro- 
vided in  sections  nine  hundred  and  seven  and  nine  hun- 
dred and  twelve,  inclusive,  of  Mansfield's  Digest  of  the 
Statutes  of  Arkansas. 

Tribal  Laws  Abolished — Sec.  26.  That  on  and  after 
the  passage  of  this  act  the  laws  of  the  various  tribes  or 
nations  of  Indians  shall  not  be  enforced  at  law  or  in 
equity  by  the  courts  of  the  United  States  in  the  Indian 
Territory. 

Tribal  Courts  Abolished— Sec.  28.  That  on  the  first 
day  of  July,  eighteen  hundred  and  ninety-eight,  all 
tribal  courts  in  Indian  Territory  shall  be  abolished,  and 
no  officer  of  said  courts  shall  thereafter  have  any  au- 
thority whatever  to  do  or  perform  any  act  theretofore 
authorized  by  any  law  in  connection  with  said  courts, 
or  to  receive  any  pay  for  same ;  and  all  civil  and  criminal 
causes  then  pending  in  any  such  court  shall  be  trans- 
ferred to  the  United  States  court  in  said  Territory  by 
filing  with  the  clerk  of  the  court  the  original  papers  in 
the  suit:  Provided,  That  this  section  shall  not  be  in 
force  as  to  the  Chickasaw,  Choctaw,  and  Creek  tribes 
or  nations  until  the  first  day  of  October,  eighteen  hun- 
dred and  ninety-eight. 

(See  also  in  this  connection,  supra,  the  Act  of  April 
28.  1904— An  Act  to  Provide  for  Additional  United 
States  Judges  in  the  Indian  Territory,  and  for  other 
Purposes  (Stat.  L.,  573)  and  Indian  Appropriation  Act 
of  May  27,  1902,  (32  Stat.  L.,  245)  and  the  Resolution 
of  May  27,  1902  (32  Stat.  L.,  742). 


54  TITLE      DIGEST 


CHOCTAW  AND  CHICKASAW  TREATY. 

(Atoka  Agreement      Sec.  29  of  the  Curtis  Act,  Juno  28,  1898.) 
I  30  siat.  L.   195.) 

Minors  Restricted — That  each  member  of  the  Choc- 
taw and  Chickasaw  tribes,  including  Choctaw  and 
Chickasaw  freedmen,  shall,  where  it  is  possible,  have 
the  right  to  take  his  allotment  on  land  the  improvements 
on  which  belong  to  him,  and  such  improvements  shall 
not  be  estimated  in  the  value  of  his  allotment.  In  the 
case  hi'  minor  children  allotments  shall  be  selected  for 
them  by  their  father,  mother,  guardian,  or  the  adminis- 
trator having  charge  of  their  estate,  preference  being 
given  in  the  order  named,  and  shall  not  be  sold  during 
his  (or  her)  minority.  Allotments  shall  be  selected  for 
prisoners,  convicts,  and  incompetents  by  some  suitable 
person  akin  to  them,  and  due  care  taken  that  all  persons 
entitled  thereto  have  allotments  made  to  them. 

Homesteads  Inalienable  and  Non-Taxable — All  the 

lands  allotted  shall  be  nontaxable  while  the  title  remains 
in  the  original  allottee,  but  not  to  exceed  twenty-one 
years  from  date  of  patent,  and  each  allottee  shall  select 
from  his  allotment  a  homestead  of  one  hundred  and 
sixty  acres,  for  which  he  shall  have  a  separate  patent, 
and  which  shall  be  inalienable  for  twenty-one  years 
from  date  of  patent.  This  provision  shall  also  apply  to 
the  Choctaw  and  Chickasaw  freedman  to  the  extent  of 
his  allotment.  Selections  for  homesteads  for  minors  to 
be  made  as  pro\  ided  herein  in  case  of  allotment,  and  the 
remainder  of  the  lands  allotted  to  said  members  shall 
be  alienable  for  a  price  to  be  actually  paid,  and  to  in- 
clude no  former  indebtedness  or  obligation — one-fourth 
of  said  remainder  in  one  year,  one-fourth  in  three  years, 
and  the  balance  of  said  alienable  lands  in  five  years 
from  the  date  of  the  patent. 

That  all  contracts  looking  to  the  sale  or  incum- 
brance in  any  way  of  the  land  of  an  allottee,  except  the 
sale  hereinbefore  provided,  shall  be  null  and  void. 


T  I  T  L  E      n  I  G  E  S  T 


SEMINOLE    TREATY. 

(Act  of  December  16,  1897,  Approved  by  Act  of  Congress, 
July  1,  1898.) 


AN  ACT  TO  RATIFY  AN  AGREEMENT  BETWEEN  THE 
DAWES  COMMISSION  AND  THE  SEMINOLE  NATION  OF 
INDIANS,   (30  STAT.  L.  567.) 

Allotment  and  Restriction  of  Lands — All  lands 
belonging  to  the  Seminole  tribe  of  Indians  shall  be 
divided  into  three  classes,  designated  as  first,  second, 
and  third  class;  the  first  class  to  be  appraised  at  five 
dollars,  the  second  class  at  two  dollars  and  fifty  cents, 
and  the  third  class  at  one  dollar  and  twenty-five  cents 
per  acre,  and  the  same  shall  be  divided  among  the  mem- 
bers of  the  tribe  so  that  each  shall  have  an  equal  share 
thereof  in  value,  so  far  as  may  be,  the  location  and 
fertility  of  the  soil  considered ;  giving  to  each  the  right 
to  select  his  allotment  so  as  to  include  any  improve- 
ments thereon  owned  by  him  at  the  time;  and  each 
allottee  shall  have  the  sole  right  of  occupancy  of  the 
land  so  allotted  to  him  during  the  existence  of  the  pres- 
ent tribal  government,  and  until  the  members  of  said 
tribe  shall  have  become  citizens  of  the  Utnied  States. 
Such  allotments  shall  be  made  under  the  direction  and 
supervision  of  the  Commission  to  the  Five  Civilized 
Tribes  in  connection  with  a  representative  appointed  by 
the  tribal  government,  and  the  chairman  of  said  com- 
mission shall  execute  and  deliver  to  each  allottee  a  cer- 
tificate describing  therein  the  land  allotted  to  him. 

All  contracts  for  sale,  disposition,  or  encumbrance 
of  any  part  of  any  allotment  made  prior  to  date  of 
patent  shall  be  void. 

Homestead   Inalienable  and    Non-Taxable — When 


56  TITLE      DIGEST 

the  tribal  government  shall  cease  to  exist  the  principal 
chief  last  elected  by  said  tribe  shall  execute,  under  his 
hand  and  the  seal  of  the  nation,  and  deliver  to  each  allot- 
tee a  deed  conveying  to  him  all  the  right,  title,  and  in- 
terest of  the  said  nation  and  the  members  thereof  in  and 
to  the  lands  so  allotted  to  him,  and  the  Secretary  of  the 
Interior  shall  approve  such  deed,  and  the  same  shall 
thereupon  operate  as  relinquishment  of  the  right,  title, 
and  interest  of  the  United  States  in  and  to  the  land  em- 
braced in  said  conveyance,  and  as  a  guarantee  by  the 
United  States  of  the  title  of  said  lands  to  the  allottee ; 
and  the  acceptance  of  such  deed  by  the  allottee  shall  be 
a  relinquishment  of  his  title  to  and  interest  in  all  other 
lands  belonging  to  the  tribe,  except  such  as  may  have 
been  excepted  from  allotment  and  held  in  common  for 
other  purposes.  Each  allottee  shall  designate  one  tract 
of  forty  acres,  which  shall,  by  the  terms  of  the  deed,  be 
made  inalienable  and  nontaxable  as  a  homestead  in 
perpetuity. 


TITLE      DIGEST  57 


SEMINOLE    TREATY. 

(Ratified  by  Act  of  Congress,  Approved  June  2,  1900.) 


AN  ACT  TO  RATIFY  AN  AGREEMENT  BETWEEN  THE  COM- 
MISSION TO  THE  FIVE  CIVILIZED  TRIBES  AND  THE 
SEMINOLE  TRIBE  OF  INDIANS.      (31  STAT.  L.  250.) 

Descent — Second.  If  any  member  of  the  Seminole 
tribe  of  Indians  shall  die  after  the  thirty-first  day  of 
December,  eighteen  hundred  and  ninety-nine,  the  lands, 
money,  and  other  property  to  which  he  would  be  entitled 
if  living  shall  descend  to  his  heirs  who  are  Seminole 
citizens,  according  to  the  laws  of  descent  and  distribu- 
tion of  the  State  of  Arkansas,  and  be  allotted  and  dis- 
tributed to  them  accordingly:  Provided,  That  in  all 
cases  where  such  property  would  descend  to  the  parents 
under  said  laws  the  same  shall  first  go  to  the  mother 
instead  of  the  father,  and  then  to  the  brothers  and  sis- 
ters, and  their  heirs,  instead  of  the  father. 


58  TITLE      DIGEST 


ORIGINAL    CREEK     TREATY. 

(Ratified  May  25,  1901.) 


ACT  OF  MARCH  1,  1901, — AN  ACT  TO  RATIFY  AND  CON- 
FIRM AN  AGREEMENT  WITH  THE  MUSKOGEE  OR 
CREEK  TRIBE  OF  INDIANS,  AND  FOR  OTHER  PUR- 
POSES.     (31  STAT.  L.  1058.) 

Restricting  Alienation  by  Minors — 4.  Allotment 
for  any  minor  may  be  selected  by  his  father,  mother,  or 
guardian,  in  the  order  named,  and  shall  not  be  sold  dur- 
ing his  minority.  All  guardians  or  curators  appointed 
for  minors  and  incompetents  shall  be  citizens. 

Allotments  may  be  selected  for  prisoners,  convicts, 
and  aged  and  infirm  persons  by  their  duly  appointed 
agents,  and  for  incompetents  by  guardians,  curators 
or  suitable  persons  akin  to  them,  but  it  shall  be  the  duty 
of  said  Commission  to  see  that  such  selections  are  made 
for  the  best  interests  of  such  parties. 

Previous  Allotments  Confirmed— 6.  All  allotments 
made  to  Creek  citizens  by  said  Commission  prior  to  the 
ratification  of  this  agreement,  as  to  which  there  is  no 
contest,  and  which  do  not  include  public  property,  and 
are  not  herein  otherwise  affected,  are  confirmed,  and 
the  same  shall,  as  to  appraisement  and  all  things  else, 
be  governed  by  the  provisions  of  this  agreement;  and 
said  Commission  shall  continue  the  work  of  allotment 
of  Creek  lands  to  citizens  of  the  tribe  as  heretofore, 
conforming  to  provisions  herein;  and  all  controversies 
arising  between  citizens  as  to  their  right  to  select  cer- 
tain tracts  of  land  shall  be  determined  by  said  Commis- 
sion. 

Allotments  Inalienable  and  Non-Taxable— Descent 
of  Homesteads— 7.  Lands  allotted  to  citizens  hereunder 


TITLE      DIGEST  59 

shall  not  in  any  manner  whatsoever  or  at  any  time  be 
incumbered,  taken,  or  sold  to  secure  or  satisfy  any  debt 
or  obligation  contracted  or  incurred  prior  to  the  date 
of  the  deed  to  the  allottee  therefor,  and  such  lands  shall 
not  be  alienable  by  the  allottee  or  his  heirs  at  any  time 
before  the  expiration  of  five  years  from  the  ratification 
of  this  agreement,  except  with  the  approval  of  the  Sec- 
retary of  the  Interior. 

Each  citizen  shall  select  from  his  allotment  forty 
acres  of  land  as  a  homestead,  which  shall  be  nontaxable 
and  inalienable  and  free  from  any  incumbrance  what- 
ever for  twenty-one  years,  for  which  he  shall  have  a 
separate  deed,  conditioned  as  above:  Provided,  That 
selections  of  homesteads  for  minors,  prisoners,  convicts, 
incompetents,  and  aged  and  infirm  persons,  who  can  not 
select  for  themselves,  may  be  made  in  the  manner  here- 
in provided  for  the  selection  of  their  allotments ;  and  if, 
for  any  reason,  such  selection  be  not  made  for  any  citi- 
zen, it  shall  be  the  duty  of  said  Commission  to  make 
selection  for  him. 

The  homestead  of  each  citizen  shall  remain,  after 
the  death  of  the  allottee,  for  the  use  and  support  of 
children  born  to  him  after  the  ratification  of  this  agree- 
ment, but  if  he  have  no  such  issue,  then  he  may  dispose 
of  his  homestead  by  will,  free  from  limitation  herein 
imposed,  and  if  this  be  not  done,  the  land  shall  descend 
to  his  heirs,  according  to  the  laws  of  descent  and  dis- 
tribution of  the  Creek  Nation,  free  from  such  limitation. 

Allotment  on  Behalf  of  Dead  Member — Sec.  28.  All 

citizens  who  were  living  on  the  first  day  of  April, 
eighteen  hundred  and  ninety-nine,  entitled  to  be  en- 
rolled under  section  twenty-one  of  the  act  of  Congress 
approved  June  twenty-eighth,  eighteen  hundred  and 
ninety-eight,  entitled  "An  act  for  the  protection  of  the 
people  of  the  Indian  Territory,  and  for  other  purposes," 
shall  be  placed  upon  the  rolls  to  be  made  by  said  Com- 
mission under  said  act  of  Congress,  and  if  any  such  citi- 
zen has  died  since  that  time,  or  may  hereafter  die,  be- 


60  TITLE      DIGEST 

fore  receiving  his  allotment  of  lands  and  distributive 
share  of  all  the  funds  of  the  tribe,  the  lands  and  money 
to  which  he  would  be  entitled,  if  living,  shall  descend 
to  his  heirs  according  to  the  laws  of  descent  and  dis- 
tribution of  the  Creek  Nation,  and  be  allotted  and 
distributed  to  them  accordingly. 

All  children  born  to  citizens  so  entitled  to  enroll- 
ment, up  to  and  including  the  first  day  of  July,  nineteen 
hundred,  and  then  living,  shall  be  placed  on  the  rolls 
made  by  said  Commission ;  and  if  any  such  child  die 
after  said  date,  the  lands  and  moneys  to  which  it  would 
be  entitled,  if  living,  shall  descend  to  its  heirs  according 
to  the  laws  of  descent  and  distribution  of  the  Creek 
Nation,  and  be  allotted  and  distributed  to  them  accord- 
ingly. 

The  rolls  so  made  by  said  Commission,  when  ap- 
proved by  the  Secretary  of  the  Interior,  shall  be  the  final 
rolls  of  citizenship  of  said  tribe,  upon  which  the  allot- 
ment of  all  lands  and  the  distribution  of  all  moneys  and 
other  property  of  the  tribe  shall  be  made,  and  to  no 
other  persons. 


TITLE      DIGEST  61 


A  C  T    OF    MAY    2  7,    1902 


ACT  OF  MAY  27,  1902— ACT  MAKING  APPROPRIATION 
AND  FOR  FULFILLING  TREATY  STIPULATIONS  WITH 
VARIOUS  TRIBES  OF  INDIANS,  AND  FOR  OTHER  PUR- 
POSES.     (32  STAT.  L.  245.) 

Creek  Law  Repealed  and  49th  Chap.  Mansfield's 
Digest  of  Ark.,  Adopted— And  provided  further,  That  the 
Act  entitled  "An  Act  to  Ratify  and  Confirm  an  Agree- 
ment with  the  Muscogee  or  Creek  Tribe  of  Indians,  and 
for  other  purposes,"  approved  March  1,  1901,  in  so  far 
as  it  provides  for  descent  and  distribution  according  to 
the  laws  of  the  Creek  Nation,  is  hereby  repealed  and  the 
descent  and  distribution  of  lands  and  moneys  provided 
for  in  said  Act  shall  be  in  accordance  with  the  provisions 
of  chapter  forty-nine  of  Mansfield's  Digest  of  the  Stat- 
utes of  Arkansas  in  force  in  the  Indian  Territory. 


RESOLUTION   OF   CONGRESS   MAKING  THE   ABOVE   PRO- 
VISION EFFECTIVE  JUNE  30,  1902.   (32  STAT.  L,  742.) 

That  the  Act  entitled,  "An  Act  making  appropria- 
tions for  the  current  and  contingent  expenses  of  the 
Indian  Department  and  fulfilling  treaty  stipulations 
with  the  various  tribes  of  Indians  for  the  fiscal  year 
ending  June  30th,  nineteen  hundred  and  three,  and  for 
other  purposes,"  shall  take  effect  from  and  after  July 
first,  nineteen  hundred  and  two,  except  as  otherwise 
specially  provided  therein. 


62  T  I  T  L  E      D  I  G  E  S  T 


S  U  P  P  L E M  ENTAL    (KEEK    TREATY. 

(Proclaimed  Aug.  8,  1902.) 


ACT  OF  JUNE  30,  1902 — AN  ACT  TO  RATIFY  AND  CON- 
FIRM A  SUPPLEMENTAL  AGREEMENT  WITH  THE 
CREEK  TRIBE  OF  INDIANS,  AND  FOR  OTHER  PUR- 
POSES.  (32  STAT.  L.   500.) 

Creek  Law  of  Descent  Repealed — Forty-Ninth 
(hap.  of  Mansfield's  Digest  Adopted — 6.  The  provis- 
ions of  the  act  of  Congress  approved  March  1,  1901  (31 
Stat.  L.,  861),  in  so  far  as  they  provide  for  descent  and 
distribution  according  to  the  laws  of  the  Creek  Nation, 
are  hereby  repealed,  and  the  descent  and  distribution 
of  land  and  money  provided  for  by  said  act  shall  be  in 
accordance  with  chapter  49  of  Mansfield's  Digest  of  the 
Statutes  of  Arkansas  now  in  force  in  Indian  Territory : 
Provided,  That  only  citizens  of  the  Creek  Nation,  male 
and  female,  and  their  Creek  descendants  shall  inherit 
lands  of  the  Creek  Nation :  And  provided  further,  That 
if  there  be  no  person  of  Creek  citizenship  to  take  the 
descent  and  distribution  of  said  estate  then  the  inheri- 
tance shall  go  to  noncitizen  heirs  in  the  order  named  in 
said  chapter  49. 

Rolls  of  Citizenship — 7.  All  children  born  to  those 
citizens  who  are  entitled  to  enrollment,  as  provided  by 
the  act  of  Congress  approved  March  1,  1901  (31  Stat. 
L.,  861),  subsequent  to  July  1,  1900,  and  up  to  and  in- 
cluding May  25,  1901,  and  living  upon  the  latter  date, 
shall  be  placed  on  the  rolls  made  by  said  Commission. 
And  if  any  such  child  has  died  since  May  25,  1901,  or 
may  hereafter  die  before  receiving  his  allotment  of 
lands  and  distributive  share  of  the  funds  of  the  tribe, 
the  lands  and  moneys  to  which  he  would  be  entitled  if 
living  shall  descend  to  his  heirs  as  herein  provided  and 
be  allotted  and  distributed  to  them  accordingly. 


TITLE      DIGEST  63 

8.  All  children  who  have  not  heretofore  been  listed 
for  enrollment  living  May  25,  1901,  born  to  citizens 
whose  names  appear  upon  the  authenticated  rolls  of 
1890  or  upon  the  authenticated  rolls  of  1895  and  en- 
titled to  enrollment  as  provided  by  the  act  of  Congress 
approved  March  1,  1901  (31  Stat.  L.,  861),  shall  be 
placed  on  the  rolls  made  by  said  Commission.  And  if 
any  such  child  has  died  since  May  25, 1901,  or  may  here- 
after die  before  receiving  his  allotment  of  lands  and  dis- 
tributive share  of  the  funds  of  the  tribe,  the  lands  and 
moneys  to  which  he  would  be  entitled  if  living  shall  de- 
scend to  his  heirs  as  herein  provided  and  be  allotted  and 
distributed  to  them  accordingly. 

Allotments  Restricted — Selections  for  Minors — 
Descent  of  Homesteads — 16.  Lands  allotted  to  citizens 
shall  not  in  any  manner  whatever,  or  at  any  time,  be 
encumbered,  taken,  or  sold  to  secure  or  satisfy  any  debt 
or  obligation  nor  be  alienated  by  the  allottee  or  his  heirs 
before  the  expiration  of  five  years  from  the  date  of  the 
approval  of  this  supplemental  agreement,  except  with 
the  approval  of  the  Secretary  of  the  Interior.  Each 
citizen  shall  select  from  his  allotment  forty  acres  of 
land,  or  a  quarter  of  a  quarter  section,  as  a  homestead, 
which  shall  be  and  remain  nontaxable,  inalienable,  and 
free  from  any  incumbrance  whatever  for  twenty-one 
years  from  the  date  of  the  deed  therefor,  and  a  separate 
deed  shall  be  issued  to  each  allottee  for  his  homestead, 
in  which  this  condition  shall  appear. 

Selections  of  homesteads  for  minors,  prisoners, 
convicts,  incompetents,  and  aged  and  infirm  persons, 
who  can  not  select  for  themselves,  may  be  made  in  the 
manner  provided  for  the  selection  of  their  allotments, 
and  if  for  any  reason  such  selection  be  not  made  for  any 
citizen  it  shall  be  the  duty  of  said  Commission  to  make 
selection  for  him.  The  homestead  of  each  citizen  shall 
remain,  after  the  death  of  the  allottee,  for  the  use  and 
support  of  children  born  to  him  after  May  25,  1901,  but 
if  he  have  no  such  issue  then  he  may  dispose  of  his 


,,4  TITLE      DIGEST 

homestead  by  will,  free  from  the  limitation  herein  im- 
posed, and  if  this  be  not  done  the  land  embraced  in  his 
homestead  shall  descend  to  his  heirs,  free  from  such 
limitation,  according  to  the  laws  of  descent  herein 
otherwise  prescribed.  Any  agreement  or  conveyance  of 
any  kind  or  character  violative  of  any  of  the  provisions 
of  this  paragraph  shall  be  absolutely  void  and  not  sus- 
ceptible of  ratification  in  any  manner,  and  no  rule  of 
estoppel  shall  ever  prevent  the  assertion  of  its  in- 
validity. 


TITLE      DIGEST  65 


CHEROKEE    TREATY. 

(Ratified  August  7,   1902.) 


ACT  OF  JULY  1,  1902— AN  ACT  TO  PROVIDE  FOR  THE 
ALLOTMENT  OF  THE  LANDS  OF  THE  CHEROKEE 
NATION,  FOR  THE  DISPOSITION  OF  TOWNSITES 
THEREIN,  AND  FOR  OTHER  PURPOSES.  (32  STAT. 
L.,  716.) 

Homesteads  Inalienable  and  Non-Taxable — Sec.  13. 

Each  member  of  said  tribe  shall,  at  the  time  of  the 
selection  of  his  allotment,  designate  as  a  homestead 
out  of  said  allotment  land  equal  in  value  to  forty  acres 
of  the  average  allottable  lands  of  the  Cherokee  Nation, 
as  nearly  as  may  be,  which  shall  be  inalienable  during 
the  lifetime  of  the  allottee,  not  exceeding  twenty-one 
years  from  the  date  of  the  certificate  of  allotment. 
Separate  certificate  shall  issue  for  said  homestead. 
During  the  time  said  homestead  is  held  by  the  allottee 
the  same  shall  be  nontaxable  and  shall  not  be  liable  for 
any  debt  contracted  by  the  owner  thereof  while  so  held 
by  him. 

Allotments  Inalienable — Sec.  14.  Lands  allotted  to 
citizens  shall  not  in  any  manner  whatever  or  at  any  time 
be  incumbered,  taken,  or  sold  to  secure  or  satisfy  any 
debt  or  obligation,  or  be  alienated  by  the  allottee  or  his 
heirs,  before  the  expiration  of  five  years  from  the  date 
of  the  ratification  of  this  act. 

Surplus  Alienable  Five  Years  After  Issuance  of 
Patent — Sec.  15.  All  lands  allotted  to  the  members  of 
said  tribe,  except  such  land  as  is  set  aside  to  each  for  a 
homestead  as  herein  provided,  shall  be  alienable  in  five 
years  after  issuance  of  patent. 


66  TITLE      DIGEST 

Allotment  to  Heirs— Sec.  20.  If  any  person  whose 
name  appears  upon  the  roll  prepared  as  herein  provided 
shall  have  died  subsequent  to  the  first  day  of  September, 
nineteen  hundred  and  two,  and  before  receiving  his  al- 
lotment, the  lands  to  which  such  person  would  have  been 
entitled  if  living  shall  be  allotted  in  his  name,  and  shall, 
with  his  proportionate  share  of  other  tribal  property, 
descend  to  his  heirs  according  to  the  laws  of  descent  and 
distribution  as  provided  in  chapter  forty-nine  of  Mans- 
field's Digest  of  the  Statutes  of  Arkansas:  Provided, 
That  the  allotment  thus  to  be  made  shall  be  selected  by 
a  duly  appointed  administrator  or  executor.  If,  how- 
ever, such  administrator  or  executor  be  not  duly  and 
expeditiously  appointed,  or  fails  to  act  promptly  when 
appointed,  or  for  any  other  cause  such  selection  be  not 
so  made  within  a  reasonable  and  proper  time,  the  Dawes 
Commission  shall  designate  the  lands  thus  to  be  allotted. 


TITLE      DIGEST  67 


C  H  O  (  T  A  W  A  N  D  C  H  I  (  K  A  S  A  W  T  R  E  A  T  Y. 

(Act  of  July   1.   1902.) 


AN  ACT  TO  RATIFY  AND  CONFIRM  AN  AGREEMENT  WITH 
THE  CHOCTAW  AND  CHICKASAW  TRIBES  OF  IN- 
DIANS, AND  FOR  OTHER  PURPOSES.  (32  STAT.  L., 
716.) 

Homesteads  Inalienable — 12.  Each  member  of  said 
tribes  shall,  at  the  time  of  the  selection  of  his  allotment, 
designate  as  a  homestead  out  of  said  allotment  land  equal 
in  value  to  one  hundred  and  sixty  acres  of  the  average 
allottable  land  of  the  Choctaw  and  Chickasaw  nations, 
as  nearly  as  may  be,  which  shall  be  inalienable  during 
the  lifetime  of  the  allottee,  not  exceeding  twenty-one 
years  from  the  date  of  certificate  of  allotment,  and  sep- 
arate certificate  and  patent  shall  issue  for  said  home- 
stead. 

Allotments  Inalienable — 13.  The  allotment  of  each 
Choctaw  and  Chickasaw  freedman  shall  be  inalienable 
during  the  lifetime  of  the  allottee,  not  exceeding  twenty- 
one  years  from  the  date  of  certificate  of  allotment.  (See, 
supra,  extract  from  Sec.  3,  act  of  Apr.  26,  1906.) 

Allotments  to  Remain  Unincumbered  and  Inalien- 
able— 16.  All  lands  allotted  to  the  members  of  said 
tribes,  except  such  land  as  is  set  aside  to  each  for  a 
homestead  as  herein  provided,  shall  be  alienable  after 
issuance  of  patent  as  follows :  One-fourth  in  acreage  in 
one  year,  one-fourth  in  acreage  in  three  years,  and  the 
balance  in  five  years ;  in  each  case  from  date  of  patent : 
Provided,  That  such  land  shall  not  be  alienable  by  the 
allottee  or  his  heirs  at  any  time  before  the  expiration 
of  the  Choctaw  and  Chickasaw  tribal  governments  for 
less  than  its  appraised  value. 


68  T  ITLE      DIG  E  S  T 


S  E  M  I  N  ()  L  E    TRE  A  T  Y    CHANGE 

i  At  i  of  March  3,  1903.) 


AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  ('I'UKEXT 
\.\h  CONTINGENT  EXPENSES  OF  THE  [NDIAN  DE- 
PARTMENT AND  FOR  FULFILLING  TREATY  STIPULA- 
TIONS WITH  VARIOUS  INDIAN  TRIBES,  AND  FOR 
OTHER   PURPOSES. 

< 

Perpetual  Inalienableness  of  Homesteads  Changed 
to  Life  Time  of  Allottee,  not  Exceeding  Twenty-One 
Years — Sec.  8.  That  the  tribal  government  of  the  Sem- 
inole Nation  shall  not  continue  longer  than  March 
fourth,  nineteen  hundred  and  six:  Provided,  That  the 
Secretary  of  the  Interior  shall  at  the  proper  time  fur- 
nish the  principal  chief  with  blank  deeds  necessary  for 
all  conveyances  mentioned  in  the  agreement  with  the 
Seminole  Nation  contained  in  the  act  of  July  first, 
eighteen  hundred  and  ninety-eight  (Thirtieth  Statutes, 
page  five  hundred  and  sixty-seven),  and  said  principal 
chief  shall  execute  and  deliver  said  deeds  to  the  Indian 
allottees  as  required  by  said  act,  and  the  deeds  for  allot- 
ment, when  duly  executed  and  approved,  shall  be  re- 
corded in  the  office  of  the  Dawes  Commission  prior  to 
delivery  and  without  expense  to  the  allottee  until  fur- 
ther legislation  by  Congress,  and  such  records  shall 
have  like  effect  as  other  public  records:  Provided  fur- 
ther, That  the  homestead  referred  to  in  said  act  shall 
be  inalienable  during  the  lifetime  of  the  allottee,  not 
exceeding  twenty-one  years  from  the  date  of  the  deed 
for  the  allotment.  A  separate  deed  shall  be  issued  for 
said  homestead,  and  during  the  time  the  same  is  held 
by  the  allottee  it  shall  not  be  liable  for  any  debt  con- 
tracted by  the  owner  thereof. 


TITLE      DIGEST  69 


A  (   T    OF    APRIL    2  1,    19  04 


AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  CURRENT 
AND  CONTINGENT  EXPENSES  OF  THE  INDIAN  DE- 
PARTMENT AND  FOR  FULFILLING  TREATY  STIPU- 
LATIONS WITH  VARIOUS  TRIBES  OF  INDIANS,  AND 
FOR  OTHER  PURPOSES.      (33  STAT.  L.,  189.) 

Restrictions  on  Non-Indians,  Except  as  to  Minors 
and  Homesteads,  Removed — And  all  the  restrictions 
upon  the  alienation  of  lands  of  all  allottees  of  either  of 
the  Five  Civilized  Tribes  of  Indians  who  are  not  of 
Indian  blood,  except  minors,  are,  except  as  to  home- 
steads, hereby  removed,  and  all  restrictions  upon  the 
alienation  of  all  other  allottees  of  said  tribes,  except 
minors,  and  except  as  to  homesteads,  may,  with  the 
approval  of  the  Secretary  of  the  Interior,  be  removed 
under  such  rules  and  regulations  as  the  Secretary  of  the 
Interior  may  prescribe,  upon  application  to  the  United 
States  Indian  agent  at  the  Union  Agency  in  charge  of 
the  Five  Civilized  Tribes,  if  said  agent  is  satisfied  upon 
a  full  investigation  of  each  individual  case  that  such  re- 
moval of  restrictions  is  for  the  best  interest  of  said 
allottee.  The  finding  of  the  United  States  Indian  agent 
and  the  approval  of  the  Secretary  of  the  Interior  shall 
be  in  writing  and  shall  be  recorded  in  the  same  manner 
as  patents  for  land  are  recorded. 


70  T  I  T  LE      DIGEST 


A  C  T    ()  1      M  A  K  (    II    3  ,     19  0  5 


INDIAN     APPROPRIATION     ACT.       (33     STAT.     L.,     1048.) 

That  the  Commission  to  the  Five  Civilized  Tribes 
is  authorized  for  sixty  days  after  the  date  of  the  ap- 
proval of  this  Act  to  receive  and  consider  applications 
for  enrollment  of  infant  children  born  prior  to  Septem- 
ber twenty-fifth,  nineteen  hundred  and  two,  and  who 
were  living  on  said  date,  to  citizens  by  blood  of  the 
Choctaw  and  Chickasaw  tribes  of  Indians  whose  enroll- 
ment has  been  approved  by  the  Secretary  of  the  Interior 
prior  to  the  date  of  the  approval  of  this  Act ;  to  enroll 
and  make  allotments  to  such  children. 

That  the  Commission  to  the  Five  Civilized  Tribes 
is  authorized  for  sixty  days  after  the  date  of  the  ap- 
proval of  this  Act  to  receive  and  consider  applications 
for  enrollment  of  children  born  subsequent  to  Septem- 
ber twenty-fifth,  nineteen  hundred  and  two,  and  prior 
to  March  fourth,  nineteen  hundred  and  five,  and  who 
were  living  on  said  latter  date,  to  citizens  by  blood  of 
the  Choctaw  and  Chickasaw  tribes  of  Indians  whose 
enrollment  has  been  approved  by  the  Secretary  of  the 
Interior  prior  to  the  date  of  the  approval  of  this  Act; 
and  to  enroll  and  make  allotments  to  such  children. 

That  the  Commission  to  the  Five  Civilized  Tribes  is 
authorized  for  sixty  days  after  the  date  of  the  approval 
of  this  Act  to  receive  and  consider  applications  for  en- 
rollment of  children  born  subsequent  to  May  25,  nine- 
te<  ii  hundred  and  one,  and  prior  to  March  fourth,  nine- 
teen hundred  and  five,  and  living  on  said  latter  date,  to 
citizens  of  the  Creek  tribe  of  Indians  whose  enrollment 
has  been  approved  by  the  Secretary  of  the  Interior  prior 
to  the  date  of  the  approval  of  this  Act;  and  to  enroll 
and  make  allotments  to  such  children. 


TITLE      DIGEST  71 

That  the  Commission  to  the  Five  Civilized  Tribes 
is  authorized  for  ninety  days  after  the  date  of  the  ap- 
proval of  this  Act  to  receive  and  consider  applications 
for  enrollment  of  infant  children  born  prior  to  March 
fourth,  nineteen  hundred  and  five,  and  living'  on  said 
latter  date,  to  citizens  of  the  Seminole  tribe  whose  en- 
rollment has  been  approved  by  the  Secretary  of  the  In- 
terior; and  to  enroll  and  make  allotments  to  such  chil- 
dren, giving  to  each  an  equal  number  of  acres  of  land, 
and  such  children  shall  also  share  equally  with  other 
citizens  of  the  Seminole  tribe  in  the  distribution  of  all 
other  tribal  property  and  funds. 


72  TITLE      DIGEST 


A  C  T    0  T    A  l»  R  I  L    2  6  ,    1  9  0  (i 


AN  ACT  TO  PROVIDE  FOR  THE  FINAL  DISPOSITION  OP" 
THK  All  AIRS  OF  THE  FIVE  CIVILIZED  TRIBES  IN 
THE  INDIAN  TERRITORY,  AND  FOR  OTHER  PUR- 
POSES.     (34  STAT.   L.,   137.) 

Enrollment  of  Children— Sec.  2.  That  for  ninety 
days  alter  approval  hereof  applications  shall  be  received 
for  enrollment  of  children  who  were  minors  living 
March  fourth,  nineteen  hundred  and  six,  whose  parents 
have  been  enrolled  as  members  of  the  Choctaw,  Chicka- 
saw, Cherokee,  or  Creek  tribes,  or  have  applications  for 
enrollment  pending  at  the  approval  hereof,  and  for  the 
purpose  of  enrollment  under  this  section  illegitimate 
children  shall  take  the  status  of  the  mother,  and  allot- 
ments shall  be  made  to  children  so  enrolled. 

Lands  of  Choctaw  and  Chickasaw  Freedmen  to  Be 
Homesteads — Extract  from  Sec.  3.  Lands  allotted 
to  freedmen  of  the  Choctaw  and  Chickasaw  tribes  shall 
be  considered  "homesteads,"  and  shall  be  subject  to  all 
the  provisions  of  this  or  any  other  Act  of  Congress  ap- 
plicable to  homesteads  of  citizens  of  the  Choctaw  and 
Chickasaw  tribes. 

Patents  to  Issue  in  Name  of  Allottee — Sec.  5.  That 
all  patents  or  deed  to  allottees  in  any  of  the  Five  Civ- 
ilized Tribes  to  be  hereafter  issued  shall  issue  in  the 
name  of  the  allottee,  and  if  any  such  allottee  shall  die 
before  such  patent  or  deed  becomes  effective,  the  title 
to  the  lands  described  therein  shall  inure  and  vest  in  his 
heirs,  and  in  case  any  allottee  shall  die  after  restrictions 
have  been  removed,  his  property  shall  descend  to  his 
heirs  or  lawful  assigns,  as  if  the  patent  or  deed  had  is- 
sued to  the  allottee  during  his  life,  and  all  patents  here- 


TITLE      DIGEST  73 

tofore  issued,  where  the  allottee  died  before  the  same 
became  effective,  shall  be  given  like  effect ;  and  all  pat- 
ents or  deeds  to  allottees  and  other  conveyances  affect- 
ing lands  of  any  of  said  tribes  shall  be  recorded  in  the 
office  of  the  Commissioner  to  the  Five  Civilized  Tribes, 
and  when  so  recorded  shall  convey  legal  title,  and  shall 
be  delivered  under  the  direction  of  the  Secretary  of  the 
Interior  to  the  party  entitled  to  receive  the  same :  Pro- 
vided, The  provisions  of  this  section  shall  not  affect  any 
rights  involved  in  contests  pending  before  the  Commis- 
sioner to  the  Five  Civilized  Tribes  or  the  Department 
of  the  Interior  at  the  date  of  the  approval  of  this  Act. 

Restrictions  on  Full-Bloods  Extended — Taxation — 
Quantum  of  Indian  Blood — Sec.  19.  That  no  full-blood 
Indian  of  the  Choctaw,  Chickasaw,  Cherokee,  Creek  or 
Seminole  tribes  shall  have  power  to  alienate,  sell,  dis- 
pose of,  or  encumber  in  any  manner  any  of  the  lands 
allotted  to  him  for  a  period  of  twenty-five  years  from 
and  after  the  passage  and  approval  of  this  Act,  unless 
such  restriction  shall,  prior  to  the  expiration  of  said 
period,  be  removed  by  act  of  Congress ;  and  for  all  pur- 
poses the  quantum  of  Indian  blood  possessed  by  any 
member  of  said  tribes  shall  be  determined  by  the  rolls 
of  citizens  of  said  tribes  approved  by  the  Secretary  of 
the  Interior:  Provided,  however,  That  such  full-blood 
Indians  of  any  of  said  tribes  may  lease  any  lands  other 
than  homesteads  for  more  than  one  year  under  such 
rules  and  regulations  as  may  be  prescribed  by  the  Secre- 
tary of  the  Interior ;  and  in  case  of  the  inability  of  any 
full-blood  owner  of  a  homestead,  on  account  of  infirmity 
of  age,  to  work  or  farm  his  homestead,  the  Secretary  of 
the  Interior,  upon  proof  of  such  inability,  may  authorize 
the  leasing  of  such  homestead  under  such  rules  and  reg- 
ulations: Provided,  further,  That  conveyances  hereto- 
fore made  by  members  of  any  of  the  Five  Civilized 
Tribes  subsequent  to  the  selection  of  allotment  and  sub- 
sequent to  removal  of  restriction,  where  patents  there- 
after issue,  shall  not  be  deemed  or  held  invalid  solely 
because  said  conveyances  were  made  prior  to  issuance 


74  TITLE      DIGEST 

and  recording  or  delivery  of  patent  or  deed;  but  this 
shall  not  be  held  or  construed  as  affecting  the  validity 
or  invalidity  of  any  such  conveyance,  except  as  herein- 
before provided ;  and  every  deed  executed  before,  or  for 
the  making  of  which  a  contract  or  agreement  was  en- 
tered into  before  the  removal  of  restrictions,  be  and  the 
same  is  hereby,  declared  void :  Provided,  further,  That 
all  lands  upon  which  restrictions  are  removed  shall  be 
subject  to  taxation,  and  the  other  lands  shall  be  exempt 
from  taxation  as  long  as  the  title  remains  in  the  original 
allottee. 

Conveyance  of  Inherited  Lands — Removal  of  Re- 
strictions— Sec.  22.  That  the  adult  heir  of  any  deceased 
Indian  of  either  of  the  Five  Civilized  Tribes  whose  selec- 
tion has  been  made,  or  to  whom  a  deed  or  patent  has 
been  issued  for  his  or  her  share  of  the  land  of  the  tribe 
to  which  he  or  she  belongs  or  belonged,  may  sell  and 
convey  the  lands  inherited  from  such  decedent ;  and  if 
there  be  both  adult  and  minor  heirs  of  such  decedent, 
then  such  minors  may  join  in  a  sale  of  such  lands  by  a 
guardian  duly  appointed  by  the  proper  United  States 
court  for  the  Indian  Territory.  And  in  case  of  the  or- 
ganization of  a  State  or  Territory,  then  by  a  proper 
court  of  the  county  in  which  said  minor  or  minors  may 
reside  or  in  which  said  real  estate  is  situated,  upon  an 
order  of  such  court  made  upon  petition  filed  by  the 
guardian.  All  conveyances  made  under  this  provision 
by  heirs  who  are  full-blood  Indians  are  to  be  subject  to 
the  approval  of  the  Secretary  of  the  Interior,  under  such 
rules  and  regulations  as  he  may  prescribe. 

Right  to  Will — Limitation  on  Full-Blood  Indian — 

Sec.  23.  Every  person  of  lawful  age  and  sound  mind 
may  by  last  will  and  testament  devise  and  bequeath  all 
of  his  estate,  real  and  personal,  and  all  interest  therein  : 
Provided,  That  no  will  of  a  full-blood  Indian  devising 
real  estate  shall  be  valid,  if  such  last  will  and  testament 
disinherits  the  parent,  wife,  spouse,  or  children  of  such 
full-blood  Indian,  unless  acknowledged  before  and  ap- 
proved by  a  Judge  of  the  United  States  court  for  the 
Indian  Territory,  or  a  United  States  Commissioner. 


TITLE      DIGEST  75 

ENABLING    ACT. 

(Effective  November  1G,   1907.) 


ACT  OF  JUNE  16,  1906 — AN  ACT  TO  ENABLE  THE  PEOPLE 
OF  OKLAHOMA  AND  OF  THE  INDIAN  TERRITORY  TO 
FORM  A  CONSTITUTION  AND  STATE  GOVERNMENT 
AND  BE  ADMITTED  TO  THE  UNION  ON  AN  EQUAL 
FOOTING  WITH  THE  ORIGINAL  STATES.  (34  STAT. 
L.  267.) 

Laws  of  Oklahoma  Territory  Extended  to  State  of 
Oklahoma — Sec.  13.  *  *  *  and  that  the  laws  in  force 
in  the  Territory  of  Oklahoma  as  far  as  applicable,  shall 
extend  over  and  apply  to  said  state  until  changed  by  the 
legislature  thereof. 

Sec.  21.  *  *  *  and  the  laws  in  force  in  the  Territory 
of  Oklahoma  at  the  time  of  the  admission  of  said  state, 
except  as  modified  or  changed  by  this  act  or  by  the  con- 
stitution of  the  state,  and  the  laws  of  the  United  States 
not  locally  inapplicable  shall  have  the  same  force  and 
effect  within  said  state  as  elsewhere  within  the  United 
States. 

Provision  in  Oklahoma  Constitution — Sec.  2  of 
Schedule.  All  laws  in  force  in  the  Territory  of  Oklaho- 
ma at  the  time  of  the  admission  of  the  State  into  the 
Union,  which  are  not  repugnant  to  this  constitution, 
and  which  are  not  locally  inapplicable,  shall  extend  to 
and  remain  in  force  in  the  State  of  Oklahoma  until  they 
expire  by  their  own  limitation  or  are  altered  or  repealed 
by  law. 

OKLAHOMA     LAW. 

See  "Succession,"  Article  IV,  Chap.  82  Revised 
Laws  of  Oklahoma  A.  D.  1910,  Sec.  8416  to  8435,  in- 
clusive. This  statute  repeats  the  one  in  force  in  Okla- 
homa Territory  at  the  time  of  statehood  and  which  has 
since  remained  the  law,  excepting  the  two  sections  on 
"escheat  to  the  state." 


76  TITLE      DIGEST 


A  C  T     OF     MAY     27,     1908 

i  Effective  July   26,   1!)08.) 


AN  ACT  FOR  THE  REMOVAL  OF  RESTRICTIONS  PROM 
PART  OF  THE  LANDS  OF,  ALLOTTEES  OF  THE  FIVE 
CIVILIZED  TRIBES,  AND  FOR  OTHER  PURPOSKS  I  35 
STAT.  L.,  312.) 

Removal  of  Restrictions  on  Some  Lands — Continu- 
ation of  Restriction  on  Others — Power  of  Secretary  of 
the  Interior  to  Remove — Sec.  1.  That  from  and  after 
sixty  days  from  the  date  of  this  Act  the  status  of  the 
lands  allotted  heretofore  or  hereafter  to  allottees  of 
the  Five  Civilized  Tribes  shall,  as  regards  restrictions 
on  alienation  or  incumbrance,  be  as  follows :  All  lands, 
including  homesteads,  of  said  allottees  enrolled  as  inter- 
married whites,  as  freedmen,  and  as  mixed-blood  In- 
dians having  less  than  half  Indian  blopcl  including 
minors  shall  be  free  from  all  restrictions..  All  lands, 
except  homesteads,  of  said  allottees  enrolled  as  mixed- 
blood  Indians  having  half  or  more  than  half  and  less 
than  three-quarters  Indian  blood  shall  be  free  from  all 
restrictions.  All  homesteads  of  said  allottees  enrolled 
as  mixed-blood  Indians  having  half  or  more  than  half 
Indian  blood,  including  minors  of  such  degrees  of  blood, 
and.  all  allotted  lands  of  enrolled  full-bloods,  and  en- 
rolled mixed-bloods  of  three-quarters  or  more  Indian 
blood,  including  minors  of  such  degrees  of  blood,  shall 
not  be  subject  to  alienation,  contract  to  sell,  power  of 
attorney,  or  other  incumbrance  prior  to  April  sixth, 
nineteen  hundred  and  thirty-one,  except  that  the  Secre- 
tary of  the  Interior  may  remove  such  restrictions, 
wholly  or  in  part,  under  such  rules  and  regulations 
concerning  terms  of  sale  and  disposal  of  the  proceeds 
for  the  benefit  of  the  respective  Indians,  as  he  may  pre- 


TITLE      DIGEST  77 

scribe.  The  Secretary  of  the  Interior  shall  not  be  pro- 
hibited by  this  Act  from  continuing  to  remove  restric- 
tions as  heretofore,  and  nothing  herein  shall  be  con- 
strued to  impose  restrictions  removed  from  land  by  or 
under  any  law  prior  to  the  passage  of  this  Act. 

Rolls  Conclusive  Evidence  of  Age  and  Quantum 
of  Blood — Status  of  Prior  Leases — Sec.  3.  That  the  rolls 
of  citizenship  and  of  freedmen  of  the  Five  Civilized 
Tribes  approved  by  the  Secretary  of  the  Interior  shall 
be  conclusive  evidence  as  to  the  quantum  of  Indian 
blood  of  any  enrolled  citizen  or  freeclman  of  said  tribes 
and  of  no  other  persons  to  determine  questions  arising 
under  this  Act  and  the  enrollment  records  of  the  Com- 
missioner to  the  Five  Civilized  Tribes  shall  hereafter  be 
conclusive  evidence  as  to  the  age  of  said  citizen  or 
freedman. 

That  no  oil,  gas,  or  other  mineral  lease  entered 
into  by  any  of  said  allottees  prior  to  the  removal  of  re- 
strictions requiring  the  approval  of  the  Secretary  of  the 
Interior  shall  be  rendered  invalid  by  this  Act,  but  the 
same  shall  be  subject  to  the  approval  of  the  Secretary 
of  the  Interior  as  if  this  Act  had  not  been  passed :  Pro- 
vided, That  the  owner  or  owners  of  any  allotted  land 
from  which  restrictions  are  removed  by  this  Act,  or 
have  been  removed  by  previous  Acts  of  Congress,  or  by 
the  Secretary  of  the  Interior,  or  hereafter  may  be  re- 
moved under  and  by  authority  of  any  Act  of  Congress, 
shall  have  power  to  cancel  and  annul  any  oil,  gas,  or 
mineral  lease  on  said  land  whenever  the  owner  or  own- 
ers of  said  land  and  the  owner  or  owners  of  said  lease 
thereon  agree  in  writing  to  terminate  said  lease  and  file 
with  the  Secretary  of  the  Interior,  or  his  designated 
agent,  a  true  copy  of  the  agreement  in  writing  cancel- 
ling said  lease,  which  said  agreement  shall  be  executed 
and  acknowledged  by  the  parties  thereto  in  the  manner 
required  by  the  laws  of  Oklahoma  for  the  execution  and 
acknowledgment  of  deeds,  and  the  same  shall  be  re- 
corded in  the  county  where  the  land  is  situate. 


78  TITLE      DIGEST 

Unrestricted  Lands  Subject  to  Taxation — Exemp- 
tion from  Prior  Claims — Sec.  4.  That  all  lands  from 
which  restrictions  have  been  or  shall  be  removed  shall 
be  subject  to  taxation  and  all  other  civil  burdens  as 
though  it  were  the  property  of  other  persons  than  allot- 
tees  of  the  Five  Civilized  Tribes:  Provided,  that  allot- 
ted lands  shall  not  be  subjected  or  held  liable,  to  any 
form  of  personal  claim,  or  demand,  against  the  allottees 
arising  or  existing  prior  to  the  removal  of  restrictions, 
other  than  contracts  heretofore  expressly  permitted  by 
law. 

Age  of  Minors — Sec.  2.  That  all  lands  other  than 
homesteads  allotted  to  members  of  the  Five  Civilized 
Tribes  from  which  restrictions  have  not  been  removed 
may  be  leased  by  the  allottee  if  an  adult,  or  by  guardian 
or  curator  under  order  of  the  proper  probate  court  if  a 
minor  or  incompetent,  for  a  period  not  to  exceed  five 
years,  without  the  privilege  of  renewal :  Provided,  That 
leases  of  restricted  lands  for  oil,  gas  or  other  mining 
purposes,  leases  of  restricted  homesteads  for  more  than 
one  year,  and  leases  of  restricted  lands  for  periods  of 
more  than  five  years,  may  be  made  with  the  approval 
of  the  Secretary  of  the  Interior,  under  rules  and  regula- 
tions provided  by  the  Secretary  of  the  Interior,  and  not 
otherwise:  AND  PROVIDED  FURTHER,  THAT  THE 
JURISDICTION  OF  THE  PROBATE  COURTS  OF 
THE  STATE  OR  OKLAHOMA  OVER  LANDS  OF  MIN- 
ORS AND  INCOMPETENTS  SHALL  BE  SUBJECT 
TO  THE  FOREGOING  PROVISIONS,  AND  THE 
TERM  MINOR  OR  MINORS,  AS  USED  IN  THIS  ACT, 
SHALL  INCLUDE  ALL  MALES  UNDER  AGE  OF 
TWENTY-ONE  YEARS  AND  ALL  FEMALES  UN- 
DER THE  AGE  OF  EIGHTEEN  YEARS.. 

Conveyance  of    Restricted    Lands    Void — Sec.    5. 

That  any  attempted  alienation  or  incumbrance  by  deed, 
mortgage,  contract  to  sell,  power  of  attorney,  or  other 
instrument  or  method  of  incumbering  real  estate,  made 
before  or  after  the  approval  of  this  Act,  which  affects 


TITLE      DIGEST  79 

the  title  of  the  land  allotted  to  allottees  of  the  Five  Civ- 
ilized Tribes  prior  to  removal  of  restrictions  therefrom, 
and  also  any  lease  of  such  restricted  land  made  in  viola- 
tion of  law  before  or  after  the  approval  of  this  Act  shall 
be  absolutely  null  and  void. 

Jurisdiction  of  Probate  Courts  Over  Minors'  Es- 
tates— Sec.  6.  That  the  persons  and  property  of  minor 
allottees  of  the  Five  Civilized  Tribes  shall,  except  as 
otherwise  specifically  provided  by  law,  be  subject  to  the 
jurisdiction  of  the  probate  courts  of  the  state  of  Okla- 
homa. 

Wills  of  Full-Blood  Indians— Sec.  8.  That  section 
twenty-three  of  an  Act  entitled  "An  Act  to  provide  for 
the  final  disposition  of  the  affairs  of  the  Five  Civilized 
Tribes  in  the  Indian  Territory,  and  for  other  purposes," 
approved  April  twenty-sixth,  nineteen  hundred  and  six, 
is  hereby  amended  by  adding  at  the  end  of  said  section, 
the  words  "or  a  judge  of  a  county  court  of  the  State  of 
Oklahoma." 

Restrictions  Removed  From  Inherited  Lands — Cer- 
tain Homesteads  Excepted — Restrictions  on  Full-Blood 
Heirs — Sec.  9.  That  the  death  of  any  allottee  of  the 
Five  Civilized  Tribes  shall  operate  to  remove  all  restric- 
tions upon  the  alienation  of  said  allottee's  land:  Pro- 
vided, That  no  conveyance  of  any  interest  of  any  full- 
blood  Indian  heir  in  such  land  shall  be  valid  unless  ap- 
proved by  the  court  having  jurisdiction  of  the  settle- 
ment of  the  estate  of  said  deceased  allottee :  Provided, 
further,  That  if  any  member  of  the  Five  Civilized  Tribes 
of  one-half  or  more  Indian  blood  shall  die  leaving  issue 
surviving,  born  since  March  fourth,  nineteen  hundred 
and  six,  the  homestead  of  such  deceased  allottee  shall 
remain  inalienable,  unless  restrictions  against  such 
alienation  are  removed  therefrom  by  the  Secretary  of 
the  Interior  in  the  manner  provided  in  section  one  here- 
of, for  the  use  and  support  of  such  issue,  during  their 
life  or  lives,  until  April  twenty-sixth,  nineteen  hundred 


80  TITLE      DIGEST 

and  thirty-one;  but  if  no  such  issue  survive,  then  such 
allottee,  if  an  adult,  may  dispose  of  his  homestead  by 
will  free  from  all  restrictions;  if  this  be  not  done,  or  in 
the  event  the  issue  hereinbefore  provided  for  die  before 
April  twenty-sixth,  nineteen  hundred  and  thirty-one, 
the  land  shall  then  descend  to  the  heirs,  according  to  the 
laws  of  descent  and  distribution  of  the  State  of  Okla- 
homa, free  from  all  restrictions:  Provided,  further, 
That  the  provisions  of  section  twenty-three  of  the  Act 
of  April  twenty-sixth,  nineteen  hundred  and  six,  as 
amended  by  this  act,  are  hereby  made  applicable  to  all 
wills  executed  under  this  section..     . 


TITLE      DIGEST  81 


ACT    OF    JUNE    25,    1910 


AN  ACT  TO  PROVIDE  FOR  DETERMINING  THE  HEIRS  OF 
DECEASED  INDIANS,  FOR  THE  DISPOSITION  AND 
SALE  OF  ALLOTMENTS  OF  DECEASED  INDIANS,  FOR 
THE  LEASING  OF  ALLOTMENTS  AND  FOR  OTHER 
PURPOSES.     (36  STAT.  L.,  855.) 

Deed  After  Death  of  Allottee— Sec.  32.  Where 
deeds  to  tribal  lands  in  the  Five  Civilized  Tribes  have 
been  or  may  be  issued,  in  pursuance  of  any  tribal  agree- 
ment or  Act  of  Congress,  to  a  person  who  had  died  or 
who  hereafter  dies  before  the  approval  of  such  deed,  the 
title  to  the  land  designated  therein  shall  inure  to  and 
become  vested  in  the  heirs,  devisees,  or  assigns  of  such 
deceased  grantee  during  life. 


82  TITLE      DIGEST 


ACT    OF    FEBRUARY    19,    19  12 


A.\  ACT  TO  PROVIDE  FOR  THE  SALE  OF  THE  SURFACE 
OF  THE  SEGREGATED  COAL  AND  ASPHALT  LANDS 
OF  THE  CHOCTAW  AND  CHICKASAW  NATIONS,  AND 
FOR  OTHER  PURPOSES.   (37  STAT.  L.,  67.) 

Issuance  of  the  Patent — Sec.  7.  That  when  the  full 
purchase  price  for  any  property  sold  herein  is  paid,  the 
chief  executive  of  the  two  tribes  shall  execute  and  de- 
liver, with  the  approval  of  the  Secretary  of  the  Interior, 
to  each  purchaser  an  appropriate  patent  or  instrument 
of  conveyance  conveying  to  the  purchaser  the  property 
so  sold,  and  all  conveyances  made  under  this  act  shall 
convey  the  fee  in  the  land  with  reservation  to  the  Choc- 
taw and  Chickasaw  Tribes  of  Indians  of  the  coal  and 
asphalt  in  such  land,  and  shall  contain  a  clause  or 
clauses  reciting  and  containing  the  reservations,  re- 
strictions, covenants,  and  conditions  under  which  said 
property  was  sold,  as  herein  provided,  and  said  convey- 
ance shall  specifically  provide  that  the  reservations,  re- 
strictions and  covenants,  and  conditions  therein  con- 
tained shall  run  with  the  land  and  bind  the  grantees, 
successors,  representatives,  and  assigns  of  the  pur- 
chaser of  the  surface:  Provided,  That  the  purchaser 
of  the  surface  of  any  coal  or  asphalt  land  shall  have 
the  right  at  any  time  before  final  payment  is  due  to  pay 
the  full  purchase  price  on  the  surface  of  said  coal  or 
asphalt  land,  with  accrued  interest,  and  shall  there- 
upon be  entitled  to  patent  therefor,  as  herein  provided. 


United  States  Supreme 
Court  Cases 


84  TITLE      DIGEST 


UNITED    STATES    SUPREME    COURT 

CASES. 


TAYLOR  VS.  BROWN,  147  U.  S.  639,  41  L.  ED.  196 — In- 
alienability of  Indian  title — Fraction  of  a  day — Day  patent 
issued  included. 

STEPHENS  VS.  CHEROKEE  NATION,  174  U.  S.  483,  43 
L.  ED.  1041 — Power  of  Congress  to  provide  for  review  of  ac- 
tions of  commissions — Validity  of  act  providing  for  appeal — 
Act  of  congress  not  invalid  because  it  supersedes  a  treaty — 
Citizenship   in   Indian   tribes. 

U.  S.  VS.  CHOCTAW  NATION  AND  CHICKASAW  NA- 
TION, 179  U.  S.  496,  45  L.  ED.  292 — Effect  of  Treaty — Estop- 
pel— Intent  of  Indians — Implied  Trust. 

LONE  WOLF  VS.  HITCHCOCK,  187  U.  S.  556,  47  L.  ED. 
2  99 — Power  of  congress  over  tribal  relations — Allotment  in 
severalty. 

RED  BIRD  VS.  U.  S.,  203  U.  S.  80,  50  L.  ED.  96— Chero- 
kee enrollment — Rights  of  intermarried  whites — Cherokee 
laws,  effect  of  compilation. 

WALLACE  VS.  ADAMS,  204  U.  S.  415,  51  L.  ED.  547— 
Validity  of  Choctaw  and  Chickasaw  citizenship  court — Vested 
rights. 

FRANCIS  VS.  FRANCIS,  203  U.  S.  233,  51  L.  ED.  165 — 
Rule  of  property — Court  decisions. 

GARFIELD  VS.  GOLDSBY,  211  U.  S.  249,  52  L.  ED.  168 
— Deciding  that  after  the  Secretary  of  the  Interior  has  ap- 
proved name  for  enrollment  it  cannot  be  stricken  without 
notice. 

FLEMING  VS.  McCURTAIN,  215  U.  S.  56,  54  L.  ED.  8 — 
Grant  to  Choctaw  nation. 

BALLINGER  VS.  FROST,  216  U.  S.  240,  54  L.  ED.  464— 
Right  of  courts  to  review  acts  of  executive  department — Bind- 


TITLE      DIGEST  85 

ing  effect  of  acts  of  congress — Title  to  allotment — Mandamus 
to  compel  delivery  of  Cherokee  patent. 

TIGER  VS.  WESTERN  INVESTMENT  CO.,  221  U.  S.  286, 
55  L.  ED.  738 — Policy  of  congress  in  legislating  to  protect  In- 
dians— Determination  by  congress  and  not  by  courts — Preser- 
vation of  authority  of  U.  S.  over  Indians  provided  for  in  Okla- 
homa enabling  act — Construing  acts  of  April  26,  1906,  and 
May  27,  1908 — Conferring  citizenship  does  not  deprive  of  right 
to  legislate  concerning  tribal  property — Continuing  restrictions. 

CHEROKEE  NATION  VS.  WHITMIRE,  223  U.  S.  108,  56 
\j.   ED.   370 — Enrollment  of  Cherokees.   . 

LOWE  VS.  FISHER,  223  U.  S.  95,  56  L.  ED.  364 — Con- 
struing acts  of  1902,  and  1906 — Enrollment  of  Cherokee  freed- 
men — Power  of  Secretary  to  strike  names  from  the  rolls. 

JACOBS  VS.  PRITCHARD,  223  U.  S.  200,  56  L.  ED.  405 
-^Power  of  congress  to  determine  in  allotting  Indian  lands  how 
they  shall  be  alienated — Ambiguity — Construction  by  depart- 
ment. 

CHOATE  VS.  TRAPP,  224  U.  S.  665,  56  L.  ED.  941— 
Power  to  abrogate  a  statute — Destruction  of  rights  acquired 
under  it — Choctaw  and  Chickasaw  Indians — Patent  to  land — 
Tax  exemption — Removal  of  restrictions — Oklahoma  Constitu- 
tional recognition  of  tax  exemption. 

HECKMAN  VS.  UNITED  STATES,  224  U.  S.  413,  56  L. 
ED.  820 — Capacity  of  United  States  to  sue  to  set  aside  convey- 
ances within  statutory  period  of  restriction — Power  of  con- 
gress to  extend  restrictions — Void  conveyance — Return  of  con- 
sideration— Suit  to  cancel. 

GRITTS  VS.  FISHER,  224  U.  S.  640,  56  L.  ED.  928 — Right 
of  Cherokee  children  born  after  Sept.  1,  1902,  and  living  March 
4,   1906,  to  enrollment — Act  of  congress  not  a  contract. 

GOAT  VS.  UNITED  STATES,  224  U.  S.  458,  56  L.  ED.  841 
— Conveyances  by  Seminole  Indians  in  violation  of  statutory 
restrictions — Right  of  U.  S.  to  maintain  suits — Reviewing  rela- 
tions of  U.  S.  to  Seminole  Indians. 

DEMING  INVESTMENT  CO.  VS.  UNITED  STATES,  224 
tL  S.  471,  56  L.  ED.  847 — Validity  of  conveyances  of  lands  al- 
lotted to  Seminole  Indians — Right  of  U.  S.  to  maintain  suits 
to  cancel. 


86  TITLE      DIGEST 

MULLEN  VS.  UNITED  STATES,  224  U.  S.  448,  56  L.  ED. 
834 — Descent,  unrestricted,  of  land  where  a  person  whose 
name  appeared  on  the  rolls  of  the  Choctaw  Indians  died  after 
agreement  and  before  receiving  the  allotment — Inability  of 
U.  S.  to  maintain  action  to  set  such  conveyance  aside. 

SHULTHIS  VS.  McDOUGAL,  225  U.  S.  561,  56  L.  ED. 
1205 — -Effect  of  act  of  congress  putting  laws  of  Arkansas  in 
force  in  the  Indian  Territory — Jurisdiction  of  Federal  court. 

STARR  VS.  LONG  JIM,  227  U.  S.  613,  57  L.  ED.  613— 
Inability  of  allottee  Indian  to  convey  before  patent  and  during 
suspension  of  alienation — Estoppel. 

KNIGHT  VS.  LANE,  228  U.  S.  6,  57  L.  ED.  709 — Allot- 
ment of  Cherokee  lands — Power  of  Secretary  of  the  Interior— 
Review  of  action  of  officer  of  department. 

ROSS  VS.  DAY,  232  U.  S.  110,  58  L.  ED.  528 — Preferen- 
tial right  of  selection  of  an  allotment — Question  of  fact — Find- 
ings of  Secretary  of  the  Interior. 

FRANKLIN  VS.  LYNCH,  233  U.  S.  269,  58  L.  ED.  954— 
Construing  act  of  April  21,  19  04 — Incapacity  of  individual 
members  to  sell  future  allotments — Intermarried  whites — ■ 
Mansfield"s  Digest. 

BOWLING   VS.    UNITED   STATES,   233   U.   S.    528,    58   L. 
ED.    1080 — Judgments   against    Indians    in    which    U.    S.    is    a 
stranger — Restrictions  run  with  the  land — Binding  upon  heirs 
Inference  from  subsequent  enactments. 

MULLEN  VS.  SIMMONS,  234  U.  S.  192,  58  L.  ED.  1274 — 
Policy  of  congress  to  protect  Indians — Encumbering  allot- 
ments— Judgments  against  allottee — Tort. 

TAYLOR  VS.  PARKER,  235  U.  S.  42 — Choctaws  and 
Chickasaws — Restriction  extending  to  devise  by  will — Act  of 
April  28,   1904 — Laws   of  Arkansas. 

UNITED  STATES  VS.  BARTLETT,  235  U.  S.  72 — Re- 
strictions terminated  by  lapse  of  time — Act  of  May  27,  1908 — 
Removed  by  prior  law. 

SAGE  VS.  HAMPE,  235  U.  S.  99 — States  cannot  disre- 
gard policy  of  U.  S.  to  protect  the  Indians. 

SKELTON  VS.  DILL,  2  35  U.  S.  2  06 — Allotments  made  on 
behalf  of  a  dead  member — Creek  Indian  allotments  under  orig- 
inal and  supplemental  treaties. 


TITLE      DIGEST  87 

ADKINS  VS.  ARNOLD,  235  U.  S.  417 — As  above. 

ROBINSON  VS.  BELT,  187  U.  S.  41— As  above. 

WASHINGTON  VS.  MILLER,  235  U.  S.  422 — Laws  of 
descent — Creek  tribal  law — Mansfield's  Digest  of  Arkansas — 
Creek  treaties — Repeals  by  implication — General  and  special 
statutes — Non-citizen  heirs. 

SIZEMORE  VS.  BRADY,  235  U.  S.  441 — Descent  and  dis- 
tribution of  a  Creek  allotment — Creek  treaties — Power  of  con- 
gress to  change  administrative  control  over  Indian  tribes  while 
tribal  relations  continue. 

TRUSKETT  VS.  CLOSSER,  236  U.  S.  223 — Construing 
sec.  6,  Act  May  27,  1908 — Jurisdiction  of  probate  courts  over 
property  of  minors  of  Five  Civilized  tribes — Rule  of  property. 

REYNOLDS  VS.  FEWELL,  236  U.  S.  58 — Descent  and  dis- 
tribution— Creek  tribal  laws — Arkansas  law — Rights  of  non- 
citizens  to  inherit. 

SHELLENBARGER  VS.  FEWELL,  236  U.  S.  68— Rights 
of  non-citizen  to  inherit. 

McDOUGAL  VS.  McKAY,  237  U.  S.  372 — Attitude  of  court 
toward  decisions  of  state  and  federal  courts  on  descent  that 
have  become  rules  of  property — Ancestral  estates — New  ac- 
quisitions— Creek  treaties — Allotment  under  Supplemental 
Creek  agreement  ancestral  estate — Chap.  49,  Mansfield's  Digest 
of  Ark. 

PIGEON  VS.  BUCK,  237  U.  S.  386 — Following  above. 

U.  S.  VS.  NOBLE,  237  U.  S.  74 — Rents  and  royalties  per- 
sonal property  of  real  estate — Leases — Restrictions  for  specific 
period. 

WOODWARD  VS.  DEGRAFFENRIED,  238  U.  S.  284 — 
Restrictions  on  alienation  in  original  Creek  agreement  not  ap- 
plicable to  allotments  made  on  behalf  of  deceased  members — 
Rights  of  non-citizen  husband  under  Creek  law — Curtis  Act. 

WILLIAMS  VS.  JOHNSON,  239  U.  S.  414 — Act  of  April 
21,  1904,  removing  restrictions  on  alienation  of  allotments  of 
Choctaw  Indians  imposed  by  Act  of  July  1,  1902,  was  within 
power  of  congress — Indians  are  wards  of  the  nation. 


gg  TITLE      DIGEST 

PORTER  VS.  WILSON,  239  U.  S.  170 — Acceptance  by  U. 
S.  supreme  court  of  decision  of  highest  court  of  the  state  that 
state  constitution  was  not  violated  by  trial  court — Creek  In- 
dian   inheritance — Legalizing   Indian   marriages. 

LA  ROQUE  VS.  U.  S.,  239  U.  S.  170 — Construction  of  an 
act  of  congress  by  Secretary  of  the  Interior  not  conclusive  but 
entitled  to  respect. 

JOHNSON  VS.  RIDDLE,  240  U.  S.  467 — Effect  of  findings 
of  fact  by  commission,  or  inspector,  confirmed  on  appeal  by 
Secretary  of  Interior,  in  the  absence  of  gross  mistake  or  fraud 
— Atoka  agreement,  act  of  June  28,  1898,  superseded  all  cus- 
toms. 


TITLE      DIGEST 
U.  S.  Supreme  Court  Cases  Continued. 


89 


90  TITLE      DIGEST 

U.  S.  Supreme  Court  Cases  Continued. 


TITLE      DIGEST  91 

U.  S.  Supreme  Court  Cases  Continued. 


92  TITLE      DIGEST 

U.  S.  Supreme  Court  Cases  Continued. 


Federal  Court  Cases 


94  TITLE      DIGEST 


FEDERAL    COURT    CASES. 


(Cases  appealed  to  the  United  States  Supreme  Court  will  be 
found   in  the  Supreme  court  cases.) 

WILSON  VS.  OWENS,  86  FED.  572 — Statute  of  frauds  in 
the  Indian  Territory — Lease  of  lands — Laws  of  Indian  tribes 
must  be  pleaded. 

KIMBERLIN  VS.  COMMISSION,  104  FED.  653 — Commis- 
sion to  Five  Civilized  Tribes  a  special  tribunal  to  determine 
tribal  citizenship. 

WALLACE  VS.  ADAMS,  143  FED.  716 — Validity  of  Citi- 
zenship court — Jurisdiction  of  U.  S.  courts  in  the  Indian  Terri- 
tory— Effect   of   allotment   by   the   Dawes   Commission. 

MORRISON  VS.  BURNETTE,  154  FED.  617 — Indians — 
Minor  allotments— Secretary  of  the  Interior  has  no  jurisdic- 
tion over  leases. 

GOODRUM,  ET  AL.  VS.  BUFFALO,  162  FED.  817 — Juris- 
diction of  federal  court  to  extend  power  of  alienation  over  re- 
stricted Indian  land — Quapaw  allotment. 

LIGON,  ET  AL.  VS.  JOHNSTON,  ET  AL.,  164  FED.  670— 
Disposition  of  Indian  lands — Choctaw  and  Chickasaw  grant — 
Power  of  congress. 

HARRIS  VS.  HARDRIDGE,  ET  AL.,  166  FED.  109— Con- 
tract for  the  sale  of  restricted  lands  void — Creek  freedman's 
allotment. 

ELLIOTT  VS.  GARVIN,  166  FED.  278 — Recovery  of  con- 
sideration from  decedent's  estate  in  the  Chickasaw  nation  on 
failure  of  title — Probate  courts. 

W.  O.  WHITNEY  LUMBER  &  GRAIN  CO.  VS.  CRAB- 
TREE,  166  FED.  738 — Indian  lands — Right  of  lessee — Eject- 
ment. 

MOORE  VS.  SAWYER,  ET  AL.,  E.  D.  OK.,  167  FED.  826 
— Power  of  Creek  Indian  to  alienate  by  leasing — Avoidance  of 
contract  by  infant — Fraud — Cancellation — Mines  and  min- 
erals—Construction of  oil  lease. 


TITLE      DIGEST  95 

TURNER  VS.  SEEP,  ET  AL,  E.  D.  OK.,  167  FED.  646 
— Oil  lease — Void  assignments — Rights  of  lessor — Damages. 

SHULTHIS  VS.  McDOUGAL,  170  FED.  529 — Descent — 
New   acquisition — Power   to   convey— Oil    lease. 

HAYES  VS.  BARRINGER,  168  FED.  221 — Choctaw  and 
Chickasaw  Indian  lands — Will  an  alienation — Rights  of  en- 
rolled  members. 

ALFRED,  ET  AL.  VS.  COLBERT,  168  FED.  231 — Valid- 
ity of  deed  of  minor — Restrictions  on  alienation  of  Creek  land. 

UNITED  STATES  VS.  ALLEN,  179  FED.  13 — Restriction 
on  alienation  of  Indian  lands — Right  of  U.  S.  to  maintain  suits 
— Effect  of  Citizenship — Parties  to  suit — Multifariousness — 
Pleading — Power  of  congress  to  extend  restrictions. 

MIDLAND  OIL  CO.  VS.  TURNER,  179  FED.  74 — Leases 
on  Indian  lands — Approval  of  assignment  by  Secretary  of  the 
Interior — Trespass — Mines  and  minerals — Receivers — Expense 
of  operating  wells. 

UNITED  STATES  VS.  McMURRY,  E.  D.  OK.,  181  FED. 
723 — Leases  of  coal  lands  of  Choctaw  and  Chickasaw  nations. 

UNITED  STATES  VS.  RUNDELL,  ET  AL.,  E.  D.  OK.  181 
FED.  887 — Right  of  U.  S.  to  enforce  in  equity  court  restrictions 
on  land  without  joining  allottee  in  his  lifetime,  or  his  heirs 
after  death. 

UNITED  STATES  VS.  BELLM,  E.  D.  OK.,  182  FED.  161 — 
Right  of  U.  S.  to  maintain  suit  to  set  aside  deed  to  allotted  land 
although  made  under   order  of  court. 

BETTES  VS.  BROWER,  E.  D.  OK.,  184  FED.  342 — Ju- 
dicial notice  of  degree  of  Indian  blood  not  to  be  taken — Power 
of  guardian  to  lease  ward's  land. 

UNITED  STATES  VS.  SHOCK,  E.  D.  OK.,  187  FED.  862 
— Lands  exempt  from  taxation — Lands  of  Creek  minors — In- 
herited lands — Construction  of  statutes. 

HARRIS  VS.  GALE,  E.  D.  OK.,  188  FED.  712 — Alienation 
of  land — Construing  statute  of  May  27,  1908. 

FRAME  VS.  BIVENS,  ET  AL.,  E.  D.  OK.,  189  FED.  785 
— Alienation  of  surplus  lands — Construction  of  Act  of  April 
21,  1904 — Mortgage — Conveyance. 


96  TITLE      DIGEST 

BOWLING,  ET  AL.  VS.  UNITED  STATES,  191  FED.  19 
— Restriction  running  with  the  land — Right  of  U.  S.  to  enforce 
hy  suit — Res  judicata. 

HENRY  GAS  CO.  VS.  U.  S.,  191  FED.  132 — Cherokee  na- 
tion— Right  of  allotment. 

BRANN  VS.  BELL,  ET  AL.,  E.  D.  OK.  192  FED.  427— 
Allotment  to  deceased  members  of  the  Creek  tribe — Construc- 
tion of  treaty — "Descend" — Illegitimacy. 

JENNINGS  VS.  WOOD,  ET  AL.,  192  FED.  507— Validity 
of  lease  on  Indian  lands — Approval  of  Secretary  of  Interior — 
Lease  by  minor — Necessity  of  order  of  court. 

BELL  VS.  COOK,  ET  AL.,  E.  D.  OK.,  192  FED.  597 — Al- 
lotment— Authority  of  congress — Female  minors — Right  to 
alienate  allotments — Champerty  and  maintenance — Validity  of 
conveyance — Enrollment  of  Indians. 

UNITED  STATES  VS.  ABRAMS,  194  FED.  82 — Citizen- 
ship of  allottee — Allotment  and  leases  of  Indian  lands — Can- 
cellation. 

UNITED  STATES  VS.  DOWDEN,  ET  AL.,  E.  D.  OK.,  194 
FED.  475 — Restrictions  on  power  of  alienation  of  Indian  lands 
— Choctaw  and  Chickasaw — Allotment  to  deceased  members  of 
the  tribe — Surrender  of  allotment — Suits  by  U.  S.  to  cancel 
conveyance. 

ARMSTRONG  VS.  WOOD,  ET  AL.,  195  FED.  137 — De- 
scent of  lands  of  deceased  allottee — Creek  treaties — Curtesy — 
Nature  of  estate — Lands  of  deceased  woman  allottee. 

HAWKINS  VS.  OKLA  OIL  CO.,  ET  AL.,  E.  D.  OK.,  195 
FED.  345 — Allotment — Homestead  rights — Construction  of 
Creek  treaty. 

UNITED  STATES  VS.  JACOBS,  ET  AL.,  195  FED.  707 — 
Sale  of  Indian  lands — Restrictions  on  alienation — Construction 
of  statutes — Suit  to  cancel  patent — Bona  fide  purchaser. 

UNITED  STATES  VS.  NOBLE,  ET  AL.,  197  FED.  292 — 
Mineral  lease  on  Indian  lands — Extension — Restrictive  sale. 

UNITED  STATES  VS.  WRIGHT,  197  FED.  297 — Time 
infants  attain  majority — Leases  by  minor — Mineral  lands — 
Fraction  of  a  day. 

TAYLOR  VS.  ANDERSON,  E.  D.  OK.,  197  FED.  383 — 
Jurisdiction  of  Federal  court  on  ejectment — Requisites  of  com- 
plaint. 


TITLE      DIGEST  97 

REED  VS.  WELTY,  E.  D.  OK.,  197  FED.  418 — Allotment 
to  heirs  of  enrolled  Creek  citizens — Alienation  of  lands. 

IN  RE  LANDS  OF  FIVE  CIVILIZED  TRIBES,  199  FED. 
811 — Restriction  on  alienation — Effect  of  death  of  allottee — 
Construction  of  treaties — "Date  of  Patent" — Allotment  to 
freedmen — Status — homesteads  of  deceased  Seminoles — Home- 
steads of  deceased  Creek  allottees — Suits  by  U.  S.  to  set  aside 
a  large  number  of  illegal  conveyances — 30,000  land  suits. 

BARNSDALL  VS.  OWEN,  200  FED.  519 — Oil  and  gas 
lease  on  Indian  land — Sublease — Agreements  against  public 
policy. 

UNITED  STATES  VS.  GRAY,  201  FED.  291 — Leases  and 
rights — Pleading  and  practice — Capacity  of  U.  S.  to  sue  to  en- 
force governmental  rights. 

UNITED  STATES  VS.  COMET  OIL  AND  GAS  CO.,  ET 
AL.,  202  FED.  849 — Liability  of  bond  on  gas  lease  on  Indian 
lands — Royalties. 

BARTLETT,  ET  AL.  VS.  UNITED  STATES,  203  FED.  410 
— Power  of  congress  to  reimpose  restrictions  after  expiration 
— Construing  Act  of  May  27,  1908,  and  its  effect  on  lands  where 
restrictions  previously  imposed  had  expired. 

PRIDDY  VS.  THOMPSON,  204  FED.  955 — Effect  of  de- 
crees of  Oklahoma  courts  on  restriction  on  minor's  land — Al- 
lotment to  minor — Creek  agreements — Right  to  maintain  oil 
and  gas  lease. 

UNITED  STATES  VS.  KNIGHT,  206  FED.  145 — Validity 
of  Indian  conveyance  by  heirs  of  a  deceased  allottee  depends 
on  the  law  in  force  at  the  date  of  the  deed — Act  of  May  27, 
1898,  as  to  requirement  of  approval  of  Secretary  of  the  Interior 
in  addition  to  the  approval  of  court  having  jurisdiction  of  set- 
tlement of  estate  of  deceased  allottee. 

THOMASON,  ET  AL  VS.  WELLMAN  &  RHOADES,  206 
FED.  895 — Conveyance  before  issuance  of  certificate  and  pat- 
ent— Choctaw  and  Chickasaw  Supplemental  agreement. 

UNITED  STATES  VS.  MARSHALL,  ET  AL.,  210  FED. 
595 — Decree  in  equity — Allotment  patents — Cancellation — 
Fraud — Evidence. 

MALONE,  ET  AL.  VS.  ALDERDICE,  212  FED.  668 — Com- 
mission to  Five  Civilized  Tribes  a  quasi  judicial  tribunal — Jur- 
isdiction, Judgments — Enrollment — Record  of  ages — Retro- 
active operation — Statutes. 


98  TITLE      DIGEST 

UNITED  STATES  VS.  MACKEY,  ET  AL.,  E.  D.  OK.,  214 
FED.  137 — Suit  to  enjoin  taking  oil  and  gas  from  Indian  allot- 
ment may  be  maintained  by  U.  S. — Navigability  of  stream — 
Arkansas  river — Title  to  bed  of  stream — Patent  to  Indian  al- 
lottee— Common  law  in  Oklahoma. 

15ARBRE,  ET  AL.  VS.  HOOD,  E.  D.  OK.  214  FED.  473— 
Void  conveyance  by  Cherokee  minor  freedman — Approval  of 
probate  court — Right  to  alienate  lands. 

NUNN  VS.  HAZELRIGG,  216  FED.  330 — Conclusiveness 
of  rolls  made  by  commission — Validity  of  conveyance  by 
allottee. 

IOWA  LAND  &  TRUST  CO.,  ET  AL.  VS.  UNITED  STATES, 
ET  AL.,  217  FED.  11 — Validity  of  patents — Fraudulent  enroll- 
ment of  deceased  persons — Bona  fide  purchasers — Limitation 
of  doctrine — Suit  for  cancellation — Finding  of  Commission — 
Vendor  and  purchaser — Creek  agreements. 

BARTLETT  VS.  OKLA  OIL  CO.,  E.  D.  OK.,  218  FED.  380 
— Lands  of  allottees  who  died  after  admission  of  Oklahoma 
descend  according  to  laws  of  that  state — Conveyance  of  lands 
of   deceased   allottee — Approval   by   court — Estoppel. 

RILEY,  ET  AL.  VS.  KELSEY,  ET  AL.,  E.  D.  OK.,  218 
FED.  391 — Homestead  of  deceased  allottee  to  remain  for  use 
of  surviving  child  born  after  March  4,  1906 — Act  of  May  27, 
19  08 — Royalty  from  oil  and  gas  lease. 

WILLIAMS,  ET  AL.  VS.  WHITE,  ET  AL.,  218  FED.  797 
—Indian    lands — Possession — Recovery — Power    of    attorney. 

WELTY  VS.  REED,  219  FED.  864 — Creek  agreements — 
Sale  of  allotments — Five  year  restriction  period — Allotments 
on  behalf  of  deceased  members. 

UNITED  STATES  VS.  DOWDEN,  ET  AL.,  220  FED.  277 
— Allotment  of  lands — Vesting  rights —  Power  of  Secretary  of 
the  Interior  to  cancel— Choctaw  tribe. 

ROBINSON,  ET  AL.  VS.  LONG  GAS  CO.,  ET  AL.,  221 
FED.  398 — Lease  by  guardian — Approval  of  court — Statutes 
— Amendment — Implied    amendment — Act    March    3,    1905. 

CHASE  VS.  UNITED  STATES,  222  FED  593 — Construc- 
tion of  treaties. 


TITLE      DIGEST  99 

UNITED  STATES  VS.  WOODS,  2  21}  FED.  316 — Allotment 
to  heirs  of  deceased  Creek  Indians  not  subject  to  restrictions — 
Supplemental  Creek  treaty. 

UNITED  STATES  VS.  FERGUSON,  225  FED.  974 — Con- 
clusiveness of  enrollment  by  Commission — Quantum  of  Indian 
blood — Act  of  April  26,   1906. 

UNITED  STATES  VS.  FOOSHEE,  ET  AL„  225  FED.  521 
— Conveyance  by  devisee  of  enrolled  Choctaw  Indian  without 
approval  of  Secretary  of  the  Interior — Alienation  of  lands. 

UNITED  STATES  VS.  COOK,  ET  AL.,  225  FED.  756— 
Homestead  of  Creek  allottees  dying  intestate,  leaving  no  issue 
born  after  May  25,  1901,  free  from  restrictions — Sec.  16  Sup- 
plemental   Creek    treaty — "Limitation." 

UNITED  STATES  VS.  STIGALL,  226  FED.  190 — Enroll- 
ment of  Creek  Indian  full-blood  as  Seminole  by  adoption  Held 
not  an  adjudication  whether  she  was  a  white  woman  or  an  In- 
dian, so  that  her  grantee  was  entitled  to  trial  of  such  issue. 

UNITED  STATES  VS.  WESTERN  INVESTMENT  CO.,  226 
FED.  726 — Act  April  26,  1906,  prohibiting  full-blood  heir  of 
a  deceased  Indian  from  conveying  his  land  without  approval 
of  the  Secretary  of  the  Interior  applies  to  such  a  conveyance 
thereafter  made,  though  after  the  period  that  the  Creek  Agree- 
ment made  the  land,  allotted  to  deceased,  inalienable  without 
such  approval — Requirement  of  approval  of  court  having  jur- 
isdiction of  estate  of  deceased  for  full-blood  heir  to  convey 
under  Act  May  27,  1908. 

ANICKER  VS.  GUNSBERG,  226  FED.  176 — Act  May  27, 
1908,  par.  2,  Act  March  1,  1907,  and  rule  of  Department  of 
Interior,  held  that  Secretary's  approval  of  Indian  oil  and  gas 
lease,  filed  within  30  days,  established  its  priority  to  subse- 
quent lease  previously  filed. 

BARBRE  VS.  HOOD,  228  FED.  658 — Minor  Indian  who 
has  conveyed  by  void  deed  need  not  comply  with  Oklahoma  law 
to  restore  purchase  price  (Sec.  885  Rev.  Laws  Okla.  1910)  — 
Act  May  27,  1908,  giving  Oklahoma  probate  courts  jurisdiction 
of  minor  allottees  of  Five  Tribes  and  their  property,  "except 
as  otherwise  specifically  provided  by  law,"  held  to  refer  to 
Federal  laws — Probate  jurisdiction  exclusive  of  other  tribunals. 

KEMMERER  VS.  MIDLAND  OIL  &  DRILLING  CO.,  229 
FED.  87  2 — Lease  of  lands — Subsequent  lease  of  mining  rights 
— Act  of  May  27,  1908 — Preliminary  injunction — Discretion 
of  the  court — Severance  of  oil  and  gas  rights  from  the  surface. 


100  TITLE      DIGEST 

McDANIEL,  ET  AL.  VS.  HOLLAND,  2  30  FED.  945 — Right 
of  adult  Cherokee  Indian  to  sue  in  ejectment  to  recover  allotted 
hinds  conveyed  to  him  while  he  was  a  minor — Documentory 
evidence — Conclusiveness — Under  Act  of  May  27,  1908,  enroll- 
ment record  giving  age  of  an  Indian  as  9  years  is  conclusive 
that  on  that  date  he  had  passed  his  9th  birthday  and  had  not 
yet  reached  his  tenth,  but  is  not  conclusive  that  he  was  exactly 
9  years  of  age  on  that  day,  and  does  not  establish  that  he  was 
a  minor  when  he  made  a  conveyance  of  land  one  month  less 
than  12  years  thereafter — Construction  of  department,  ef- 
fect of. 

TAYLOR,  ET  AL.  VS.  U.  S.,  230  FED.  580 — Effect  of  Act 
of  May  27,  19  08,  on  lands  allotted  after  its  passage — Restric- 
tions   on    alienation — Supplemental    Creek    Agreement. 

WELTY  VS.  REED,  231  FED.  930 — Controlled  by  the  U. 
S.  supreme  court  case  of  Woodward  v.  deGraffenried,  2  38  U.  S., 
284 — Status  of  an  allotment  made  to  a  Creek  Indian  in  his  life- 
time, but  who  died  before  patent  was  issued,  and  before  ef- 
fective  date  of   original   Creek   Agreement. 

FOLK  VS.  U.  S.,  233  FED.  178 — Conclusiveness  of  the 
adjudication  by  the  Dawes  Commission  of  the  enrollment  of 
Indians  and  the  allotment  of  their  lands  and  the  patents  issued 
thereon — Impervious  to  collateral  attack — Suits  in  equity  to 
avoid  direct  attack — Burden  on  him  .who  attacks  them — En- 
rollment— Presumption  as  to  continuance  of  life — Actions — 
Parties — Pecuniary    interest. 

HOPKINS  VS.  U.  S.,  235  FED.  95 — A  Creek  Indian  allot- 
tee of  three-quarter  blood,  who  was  a  minor  on  July  27,  1908, 
when  act  of  May  27,  1908,  became  effective,  was  under  restric- 
tions so  that  the  act  imposed  a  continuation  of  restrictions 
after  he  attained  majority. 

ETCHEN  VS.  CHENEY,  235  FED.  104 — Under  Act  of 
May  27,  1908,  deeds  of  Indian  minors  to  allotments  of  lands 
in  Oklahoma,  made  without  authority  of  the  probate  court, 
are  void — An  oil  and  gas  lease,  executed  by  the  guardian  of  an 
Indian  minor  in  Oklahoma  and  approved  by  the  proper  probate 
court,  is  valid  for  its  term,  although  the  minor  reaches  major- 
ity before  its  expiration. 

YOUNGKEN  VS.  DAVID,  235  FED.  621 — Act  of  April  26, 
1906,  restricting  alienation  of  the  lands  by  Indians  of  the  full- 
blood,  construed,  and  held  not  to  apply  to  lands  allotted  to  such 


T  ITLE      DI  GEST  101 

Indians  as  heirs  of  a  deceased  member  of  the  tribe — Right  of 
heirs  of  the  full-blood  of  a  Cherokee  Indian  to  convey  lands 
selected  for  him  by  his  administrator  after  his  death  held  not 
restricted  by  sec.  22,  Act  April  26,  1906. 

HARRIS  VS.  BELL,  235  FED.  626— Lands  allotted  by 
the  commission  in  the  name  of  a  deceased  Creek  child  held  to 
have  descended  to  his  heirs  according  to  Mansfield's  Digest  of 
Arkansas,  sec.  2522-2545,  free  from  restrictions  on  alienation. 


102  TITLE      DIGEST 

Federal  Court  Cases  Continued. 


TITLE      DIGEST  103 

Federal  Court  Cases  Continued. 


104  TITLE      DIGEST 

Federal  Court  Cases  Continued. 


Oklahoma  Supreme  Court 
Cases 


106  TITLE      DIGEST 


OKLAHOMA  SUPREME  COURT 

CASES. 


REEVES  CO.  VS.  SHEETS,  16  OKLA.  4  84 — Lease  of 
Indian  lands. 

WILLIAMS  VS.  STEINITZ,  16  OKLA.  104 — Lease  of  In- 
dian lands. 

DEGRAFFENRIED  VS.  IOWA  LAND  &  TRUST  CO.,  20 
OKLA.  68  7 — Title  acquired  to  allotment — Statutory  provisions 
— descent — Agreements. 

LEWIS  VS.  CLEMENTS,  21  OKLA.  167 — Deciding  the 
validity  of  a  contract  for  the  sale  of  a  surplus  allotment  before 
restrictions    removed. 

GODFREY  VS.  IOWA  LAND  AND  TRUST  CO.,  21  OKLA. 
2  93 — Deciding  the  right  of  a  Seminole  non-Indian  to  sell  his 
surplus  after  selection  and  before  issuance  and  delivery  of 
patent. 

WESTERN  INVESTMENT  CO.  VS.  TIGER,  21  OKLA. 
630  (221  U.  S.  287) — Power  of  congress  to  legislate  for  In- 
dians— Approval  of  Secretary  on  conveyances  of  full-bloods 
after  April  26,  1906. 

HAWKINS  VS.  STEVENS,  21  OKLA.  849 — Deciding  the 
rights  of  a  non-citizen  widow  of  an  allottee  to  dower. 

WALKER  VS.  ROBERSON,  21  OKLA.  894 — Deciding  that 
a  member  of  Creek  tribe  holding  excessive  lands  could  not 
hold  it  for  benefit  of  a  child  born  subsequently. 

BODLE  VS.  SHOENFELT,  22  OKLA.  94 — Deciding  the 
rights  of  a  non-citizen  husband  in  the  estate  of  his  citizen  wife 
under  the  law  of  descent  and  distribution  in  the  Creek  nation. 

IN  RE  BROWN'S  ESTATE,  22  OKLA.  216 — Deciding  the 
laws  governing  wills  and  descent  and  distribution  in  the  Creek 
nation  Nov.  13,  1905,  the  rights  of  a  pretermitted  child;  and 
the  rights  of  a  child  born  after  May  25,  1901,  to  the  inheritance 
of  a  homestead. 


TITLE      DIGEST  lCT 

LANDRUM  VS.  GRAHAM,  22  OKLA.  4  58— The  validity 
of  a  mortgage  by  a  Cherokee  allottee  on  surplus  subsequent 
to  the  Act  of  April  21,  1904. 

WESTERN  INVESTMENT  CO.  VS.  KISTLER,  22  OKLA. 
222 — Liability  of  surplus  allotment  on  which  restrictions  have 
been  removed  for  debt  incurred  prior  to  removal  of  such  re- 
strictions. 

MUSKOGEE  DEVELOPMENT  CO.  VS.  GREEN,  22  OKLA. 
237 — Accounting  for  improvements  on  a  lease  entered  into  in 
good  faith,  but  afterwards  found  to  be  void. 

WHITHAM  VS.  LEHMER,  22  OKLA.  627 — Deciding  the 
question  of  a  multiple  of  leases  on  a  Creek  nation  allotment. 

WILLIAMS  VS.  WILLIAMS,  22  Okla.  672 — Right  of 
allottee  to  lease  for  agricultural  purposes. 

ELROD  VS.  LOAN  AND  TRUST  COMPANY,  22  OKLA. 
742 — Deciding  that  a  lease  is  an  alienation  of  lands. 

McWILLIAMS  INV.  CO.  VS.  LIVINGSTON,  22  OKLA. 
884 — Deciding  validity  of  a  non-Indian  Creek  citizen  deed. 

IRVING  VS.  DIAMOND,  2  3  OKLA.  32  5 — Deciding  the  de- 
scent of  land  of  a  minor  Creek  freedman. 

SHARP  VS.  LANCASTER,  23  OKLA.  349 — Deciding  the 
validity  of  an  oil  lease  on  lands  of  either  of  five  tribes  after  the 
Act  of  April  21,  1904. 

BAKER  VS.  HAMMETT,  23  OKLA.  480 — Deciding  that 
the  Creek  Supplemental  Agreement  became  effective  Aug.  8, 
1902. 

REED  VS.  CLINTON,  23  OKLA.  610 — Deciding  the  rights 
of  a  white  person  as  an  heir. 

BECK  VS.  JACKSON,  23  OKLA.  812. — Validity  of  the  con- 
tract of  an  Indian,  after  the  Curtis  Act  and  before  the  Original 
Creek   treaty,    purporting   to   bind    infants. 

HANCOCK  VS.  MUTUAL  TRUST  CO.,  24  OKLA.  391 — 
Deciding  right  of  heirs  to  convey  lands  allotted  on  behalf  of  a 
deceased  member  of  the  Choctaw  tribe. 

BLAKEMORE  VS.  JOHNSON,  24  OKLA.  544 — Deciding 
a  deed  by  a  Creek  minor,  freedman,  for  surplus  allotment  to  be 
void,  executed  April  25,  1904;  also  the  right  of  a  minor  to 
maintain  an  action  to  set  aside  a  void  deed.   Consideration. 


108  TITLE      DIGEST 

TATE  VS.  GAINES,  25  OKLA.  141 — Rights  of  grantee  in 
void  deed  to  lands,  equity  jurisdiction  of  townsite  commis- 
sioners. 

ROSS  VS.  STEWART,  25  OKLA.  611 — Jurisdiction  of 
townsite  commissioners — Patent   from   such  commissioners. 

BRAGDON  VS.  McSHEA,  26  OKLA.  35 — Restricted  Creek 
surplus  inalienable. 

BARTLESVILLE  VITRIFIED  BRICK  CO.  VS.  BARKER, 
26  OKLA.  14  4 — Allotment  contest,  power  to  cancel,  recovery 
of  land. 

JEFFERSON  VS.  WINKLER,  26  OKLA.  653 — Deciding 
power  of  minor  to  sell  under  the  order  of  the  probate  court 
after  the  Act  of  May  27,  1908,  if  minor  of  less  than  half-blood. 
Males  under  21  and  females  under  18  must  sell  allotted  land 
through  the  probate  court. 

BRUNER  VS.  SANDERS,  26  OKLA.  673 — Descent  of  Sem- 
inole land. 

BOUDINOT  VS.  MORRIS,  26  OKLA.  768 — Rights  of  inter- 
married whites  in  the  Cherokee  nation. 

KEEL  VS.  INGERSOLL,  27  OKLA.  117 — Mechanic's  liens 
on  improvement  on  homestead  allotment. 

MOORE  VS.  O'DELL,  27  OKLA.  194 — Townsite  on  allot- 
ment— Admisability  of  evidence  in  ejectment. 

SIMMONS  VS.  WHITTINGTON,  27  OKLA.  356 — Restric- 
tions on  alienation  of  allotment — Invalidity  of  deed — Who  may 
attack  such  deed — Agreements  to  purchase. 

SCRAPER  VS.  BOGGS,  27  OKLA.  715 — Leases  and  re- 
strictions on  allotments. 

LAMB  VS.  BAKER,  27  OKLA.  739 — Descent  and  distrib- 
ution of  Creek  allotments. 

DENVER,  W.  &  M.  RY.  CO.  VS.  ADKINSON,  28  OKLA.  1 
— Certificate  as  evidence  of  title  of  allotment — Ejectment — 
Descent  and  Distribution  of  allotment  in  the  Creek  Nation — 
Allotment — Rights  of  surviving  non-citizen  husband — Validity 
of  Deeds — Creek  nation  law  of  descent. 


TITLE      DIGEST  109 

BARNES  VS.  STONEBRAKER,  27  OKLA.  75 — Validity 
of  oil  and  gas  leases  on  restricted  allotment — Options. 

HOOKS  VS.  KENNARD,  28  OKLA.  457 — Descent  and 
distribution  of  Creek  lands  under  Original  treaty — Effect  of 
patent — Allotment. 

HOWARD  VS.  FARRAR,  28  OKLA.  490 — Alienation  of 
restricted   lands — Indemnity  notes. 

SMITH  AND  STEELE  VS.  MARTIN,  28  OKLA.  836 — Con- 
tracts with  an  Indian  relative  to  lands  of  his  tribe. 

MAHARRY  VS.  EATMAN,  29  OKLA.  46 — Approval  by 
Secretary  of  the  Interior  of  deed  executed  after  act  of  May  27, 
1908 — Court's  approval. 

KIRKPATRICK  VS.  BURGESS,  29  OKLA.  121 — Effect  of 
marriage  on  guardianship. 

ROSS  VS.  WRIGHT,  29  OKLA.  18  6 — Improvements  on 
an  allotment. 

HARRIS  VS.   LYNDE-BOWMAN-DARBY   CO.,   29    OKLA. 

362 — Validity  of  mortgage  by  allottee. 

WILSON  VS.  MORTON,  29  OKLA.  74  5 — Proceedure  by 
guardian  of  sale  of  Cherokee  minor  children. 

BARNETT  VS.  WAY,  29  OKLA.  780 — Descent  and  dis- 
tribution of  Creek  allotment. 

HARPER  VS.  KELLY,  29  OKLA.  S09 — Allotments- 
Alienation — Contract. 

STEVENS  VS.  ELLIOTT,  30  OKLA.  41 — Cancelling  deed 
— Conveyance  by  minor  Creek  Indian  freedman — Return  of 
consideration — Evidence    of    minority. 

HUGHES  LAND  CO.  VS.  BAILEY,  30  OKLA.  194 — Allot- 
ment right  of  Creek  citizen — Rights  of  heirs. 

ROBINSON  VS.  OWEN,  30  OKLA.  484 — Equity  jurisdic- 
tion of  courts  of  Oklahoma  to  grant  relief  where  patent  issued 
to  wrong  person. 

GROOM  VS.  WRIGHT,  30  OKLA.  652 — Right  to  rent 
Creek  allotment. 

CHAPMAN  VS.  SILER,  30  OKLA.  714 — Effect  of  state- 
hood on  alienation  of  restricted  lands. 


lid  TITLE      DIGEST 

DIVINE  VS.  HARMON,  30  OKLA.  820 — Descent  of  Creek 

allotment. 

SCOTT    VS.   JACOBS,   31    OKLA.    109 — Judicial  notice  of 

laws  and  customs  of  Indian  nations — Estates  of  decedents. 

MITCHELL  VS.  BELL,  31  OKLA.  117 — Equity  jurisdic- 
tion to  determine  validity  of  patent  from  Cherokee  nation. 

CORNELIUS  VS.  MURRAY,  31  OKLA.  174 — Contract  to 
sell  rights  in  Indian  land. 

ALLEN  VS.  OLIVER,  31  OKLA.  356 — Alienation  of  Cher- 
okee allotment  in  five  years,  except  homesteads,  after  issuance 
of  patent. 

YARBROUGH  VS.  SPAULDING,  31  OKLA.  806 — Enroll- 
ment records  conclusive  as  to  age  of  allottee — Restrictions. 

IN  RE  DAVIS  ESTATE,  32  OKLA.  209 — Effect  of  Act  of 
April  28,  1904,  on  restricted  lands — Exemptions  from  debt. 

WILLIAMS  VS.  JOHNSON,  32  OKLA.  247 — Repeal  of 
statutes  by  implication. 

REDWINE  VS.  ANSLEY,  32  OKLA.  317 — Liability  of 
restricted  allotment  for  debts  of  deceased  allottee. 

GILL  VS.  HAGGERTY,  32  OKLA.  407 — Marriage  of  minor 
Creek  freedman — Sale  of  allotment. 

MORLEY    VS.   FEWELL,    32    OKLA.    452 — Inheritance — 

Rights  of  white  husband. 

HOTEYABI  VS.  VAUGHIN,  32  OKLA.  807 — Conveyances 
by  heirs  of  Choctaw  Indians  after  lawful  selection. 

ALLUWEE  OIL  CO.  VS.  SHUFFLIN,  32  OKLA.  808— 
Validity  of  oil  lease  from  a  Cherokee  allottee  approved  by  the 
Secretary  of  the  Interior,  as  against  one  by  same  allottee  not 
approved. 

MULLEN  VS.  SIMMONS,  33  OKLA.  184 — 234  U.  S.  192 
— Allotment — Exemptions. 

AUSTIN  VS.  CHAMBERS,  3  3  OKLA.  40 — Jurisdiction 
title  to  realty  sought  to  be  devised  by  restricted  allottee. 

BRADY  VS.  SIZEMORE,  33  OKLA.  169,  235  U.  S.  441 — 

Inheritance — Death  before  allotment. 

TAYLOR  VS.  PARKER,  33"  OKLA.  199 — Restriction  of 
alienation — -Wills. 


TITLE      DIGEST  111 

HELIKER-JARVIS  SEMINOLE  CO.  VS.  LINCOLN,  33 
OKLA.   425 — Law  of  descent  in  Seminole  nation. 

GROUND  VS.  DINGMAN,  33  OKLA.  760 — Descent  and 
distribution  in  Creek  nation. 

PARKINSON  VS.  SKELTON,  33  OKLA.  813 — Meaning  of 
"Allottee" — homestead. 

SHELLENBERGER  VS.  FEWELL,  34  OKLA.  79,  236 
U.  S.  68 — Creek  lands — Inheritance. 

REYNOLDS  VS.  FEWEL,  34  OKLA.  112 — Rights  of  non- 
citizen  husband  to  inherit  under  the  Creek  tribal  law. 

STOUT  VS.  SIMPSON,  34  OKLA.  129— Conveyances  and 
leasing  of  Seminole  lands. 

ROGERS  VS.  NOEL,  34  OKLA.  238 — Conveyances  of 
Choctaw  land. 

WASHINGTON  VS.  MILLER,  34  OKLA.  259,  235  U.  S. 
422 — Descent  of  Creek  lands — Alienation. 

TEXAS  CO.  VS.  HENRY,  34  OKLA.  342 — Alienation  of 
Creek  lands — Easements — Grant  by  Secretary  of  the  Interior. 

CAMPBELL  VS.  McSPADDEN,  34  OKLA.  377 — Conclus- 
iveness of  enrollment  records  as  to  age — Validity  of  conveyance. 

OKLAHOMA  LAND  CO.  VS.  THOMAS,  34  OKLA.  681— 
Descent  and  distribution — Illegitimate  child — Creek  laws. 

RENTIE  VS.  McCOY,  35  OKLA.  77 — Alienation  of  Creek 
land  by  heirs. 

BERRY  VS.  SUMMERS,  35  OKLA.  426 — Deed — Validity 
of  subsequently  acquired  title. 

MANUEL  VS.  SMITH,  35  OKLA.  478 — Alienation  of  Creek 
allotment  to  which  homestead  did  not  attach. 

DEMING  INVESTMENT  CO.  VS.  BRUNER  OIL  CO.,  35 
OKLA.  395 — Descent  and  distribution  of  Creek  allotment. 

BLEDSOE  VS.  WORTMAN,  35  OKLA.  261 — Removal  of 
restrictions  did  not  apply  until  Cherokee  member  had  selected 
his  allotment. 


H2  TIT  LE      DIGEST 

COWLES  VS.  LEE,  35  OKLA.  159 — Lease  by  guardian 
alter  April  26,  1906. 

ALMEDA  OIL  CO.  VS.  KELLEY,  35  OKLA.  525— Oil  and 
gas    lease — Disaffirmance — Removal    of    restrictions. 

SCOTT  VS.  SIGNAL  OIL  CO.,  3-")  OKLA.  172 — Registration 
of  assignment  of  oil  and  gas  leases. 

DAVIS  VS.  SELBY  OIL  AND  GAS  CO.,  35  OKLA.  254— 
Lease  by  allottee — Failure  of  contract. 

TATE  VS.  STONE,  35  OKLA.  369 — Validity  of  lease  of 
Choctaw  and  Chickasaw  lands. 

SUMMERS  VS.  BARKS,  36  OKLA.  337 — Equity  jurisdic- 
tion to  vacate  allotment. 

WOODWARD  VS.  DEGRAFFENRIED,  36  OKLA.  81,  238 
U.   S.   284 — Creek  allotment  to  heirs — Alienation. 

U.  S.  FIDELITY  AND  GUAR.  CO.  VS.  HANSEN,  36  OKLA. 
459 — Proceeds  of  land  sale  a  trust  fund. 

COACHMAN  VS.  SIMS,  36  OKLA.  536— Will  of  full-blood 
Creek. 

IN  RE  WASHINGTON'S  ESTATE,  36  OKLA.  559 — Invol- 
untary sale  of  Cherokee  allotment  for  debt. 

BURNS  VS.  MALONE,  37  OKLA.  40 — Right  of  crop  under 
agricultural  lease. 

LYNCH  VS.  FRANKLIN,  37  OKLA.  60— Conveyance  of 
land — After  acquired  title — Removal  of  restrictions  affecting 
what  lands — "Allottee"  and  "Allotment." 

BRUNER  VS.  COBB,  37  OKLA.  228 — Power  of  a  Creek 
minor,  although  married,  to  alienate  land. 

RUBY  VS.  NUNN,  37  OKLA.  389 — Person  in  adverse 
possession. 

KOHLMEYER  VS.  WOLVERINE  OIL  CO.,  37  OKLA.  477 
— Jurisdiction,  state  or  federal — Mineral  rights. 

CASEY  VS.  BINGHAM,  37  OKLA.  484 — Validity  of  con- 
tract  to  sell  Chickasaw  allotment. 


TITLE      DIGEST  in 

IOWA  LAND  &  TRUST  CO.  VS.  DAWSON,  37  OKLA.  593 
— Removal  of  restrictions  on  Creek  freedraan's  allotment. 

TIREY  VS.  DARNEAL,  37  OKLA.  606-611 — Necessity  of 
authority  of  probate  court  to  render  deed  to  minor  allotment 
valid. 

PERRYMAN  VS.  WOODWARD,  37  OKLA.  792 — Town  lot 
— Improvements — Homestead — Rights  of  surviving  wife- 
Descent. 

DIXON  VS.  OWEN,  38  OKLA.  85 — Effect  of  regulations 
of  Secretary  of  the  Interior  on  oil  and  gas  lease. 

INDIAHOMA  OIL  CO.  VS.  THOMPSON  OIL  &  GAS  CO., 
38  OKLA.  140 — Validity  of  assignment  of  lease. 

PIGEON  VS.  BUCK,  38  OKLA.  101,  (237  U.  S.  386)  — 
Descent  of  allotment  in  Creek  nation — New  acquisition. 

McNAC   VS.   JONES,    38    OKLA.    321 — Alienation   of   Creek 
lands  by  heirs. 

MULLEN  VS.  SHORT,  38  OKLA.  333 — Descent  and  dis- 
tribution— Illegitimacy — Evidence — Approval  of  sale  by 
courts. 

CAMPBELL  VS.  MOSELY,  38  OKLA.  374 — Validity  of 
alienation  by  minor. 

RICE  VS.  RUBLE,  39  OKLA.  51 — Allotment  records  as 
evidence  of  age. 

RICE  VS.  ANDERSON,  39  OKLA.  279 — Allotment  records 
as  evidence  of  age. 

SCHERER  VS.  HULQUIST,  39  OKLA.  434 — Validity  of 
Creek  allotment  leases. 

PORTER  VS.  WILSON,  39  OKLA.  500 — Legitimacy  of 
Creek  heirs. 

BELL  VS.  MITCHELL,  3D  OivLA.  544 — Cnerokee  allot- 
ment contest. 

SEMPLE  VS.  BAKEN,  39  OKLA.  563 — Validity  of  will  of 
Choctaw  Indian. 


114  TITLE      DIGEST 

COODY  VS.  COODY,  39  OKLA.  719 — Right  of  Cherokee 
Indian  to  disaffirm  contract  although  unable  to  restore  con- 
sideration. 

OKLAHOMA  TRUST  CO.  VS.  STEIN,  39  OKLA.  75  6— 
Champertous  conveyance  by  Creek  Indian. 

HARNAGE  VS.  MARTIN,  4  0  OKLA.  341 — Jurisdiction  of 
courts   to   determine   validity   of   allotment. 

HOMER  VS.  McCURTAIN,  40  OKLA.  406 — Jurisdiction  of 
county  court  over  will  contest. 

SCOTT  VS.  JACOBS,  40  OKLA.  542 — Descent  and  distri- 
bution in  Creek  nation. 

DARNELL  VS.  HUME,  40  OKLA.  668 — Validity  of  lease 
on  Creek  homestead. 

GANNON  VS.  JOHNSTON,  40  OKLA.  695 — Restriction  on 
alienation  of  surplus  land  of  Choctaws  and  Chickasaws — Heirs 
of  allottee — Invalid  conveyance — Rule  of  property. 

WHITE  VS.  STARBUCK,  41  OKLA.  50 — Cancellation  of 
Cherokee  allotment. 

DODD  VS.  COOK,  11  OKLA.  1»>5 — Conveyance  by  mar- 
ried female  minor  of  Choc-taw  allotment. 

BILBY  VS.  GILLILAND,  41  OKLA.  678 — Creek  allot- 
ments— Conveyances — Descent    and    distribution. 

150 WEN  VS.  CARTER,  4  2  OKLA.  565— Effect  of  allot- 
ment certificate  when  issued  to  enrolled  member. 

THRAVES  VS.  GREENLEES,  42  OKLA.  764— Right  to 
alienate  Cherokee  allotment — Descent. 

LEWIS  VS.  ALLEN,  42  OKLA.  5  84 — Removal  of  restric- 
tions on  Chickasaw  allotment  by  act  of  May  27,  1908,  allottee 
being  of  one-eighth  Indian  blood. 

TEMPLEMAN  VS.  BRUNER,  42  OKLA.  6 — Creek  allot- 
ment— Legitimation — Heirship. 

ST.  L.  &  S.  F.  R.  R.  CO.  VS.  SKELTON,  42  OKLA.  266— 
Deed  to  railway  right  of  way. 


TITLE      DIGEST  115 

WOOD  VS.  GLEASON,  43  OKLA.  9 — Issuance  of  patent 
a  ministerial  act  after  other  requirements  have  been  complied 
with. 

WALKER  VS.  BROWN,  43  OKLA.  144 — Right  of  Con- 
gress to  legislate  for  Indians  after  they  become  citizens  and 
allotment  of  their  lands. 

PHILLIPS  VS.  BYRD,  43  OKLA.  556 — Determination  of 
age — Fixed  rule  resulting  from  act  of  May  27,  1908. 

GRAYSON  VS.  DURANT,  4  3  OKLA.  799 — Enrollment 
records  inadmissable  where  there  are  living  witnesses  who  can 
testify  as  to  age  of  allottee  on  transaction  prior  to  act  of  May 
27,  1908. 

SCOTT  VS.  BROKEL,  43  OKLA.  655 — What  is  enforced 
in  "Enrollment  Records"  as  evidence  under  act  May  27,  1908 
— Census  card — Conclusiveness  of  decisions  of  the  Commis- 
sion to  the  Five  Civilized  Tribes — Jurisdiction  of  Commission. 

GREENLEES  VS.  WETLOCK,  43  OKLA.  16 — Cherokee 
allotment — Right  of  alienation. 

REED  VS.  TAYLOR,  4  3  OKLA.  816 — Conveyance  by' 
Cherokee  freedman — Marriage  of  minor — Action  of  guardian 
— Validity  of  deed. 

McDOUGAL  VS.  McKAY,  4  3  OKLA.  261 — Creek  allot- 
ment— Descent — New  acquisition. 

CORNELIUS,  ET  AL.  VS.  YARBROUGH,  44  OKLA.  375 
— The  authority  for  removal  of  restrictions  on  allotments  is 
vested  in  Congress — Construing  act  of  May  27,  1908 — Enroll- 
ment record  conclusive  evidence  of  age — Applies  only  to  trans- 
actions of  alienation. 

SMITH  VS.  BELL,  4  4  OKLA.  370 — Alienation  of  allot- 
ment— Evidence  of  age — Enrollment  records  inadmissible 
where  there  are  living  witnesses  to  testify  to  the  allottee's  age 
on  transaction  prior  to  April  27,  1908 — Act  of  April  21,  1904. 

CHARLES  VS.  THORNBERG,  ET  AL.,  44  OKLA.  379— 
Act  of  April  21,  1904,  authorized  an  adult  Creek  freedman  to 
deed  her  surplus  allotment  though  she  was  a  minor  at  the  pass- 
age of  the  act  —Retroactive  effect — Effect  of  enrollment  records 
as  evidence  of  age. 


116  TITLE      DIGEST 

GILBERT  VS.  BROWN,  44  OKLA.  194 — Enrollment 
records  conclusive  as  to  age  where  conveyance  was  subject  to 
the  act  of  May  2  7,  1908. 

BENADUM  VS.  ARMSTRONG,  44  OKLA.  637 — Creek 
freedman  not  barred  from  alienating  allotment  after  act  of 
April  21,  1904,  and  act  of  May  27,  1908,  though  patent  had 
not  been  issued. 

CRINER  VS.  FARVE,  4  4  OKLA.  618 — Devisable  interest 
of  full-blood  Miss.,  Choctaw  who  died  1907,  after  identification 
and  residence  on  land,  but  before  proof  or  patent — Land  passed 
to  heirs  under  act  April  26,  1906. 

LOVETT  VS.  JETER,  44  OKLA.  511 — Descent  under  Sec. 
2522  and  2531,  Mansfield's  Digest,  of  a  Choctaw  Indian's  allot- 
ment. 

GILLUM  VS.  AUGLIN,  44  OKLA.  684 — Same — Ascend. 

CAMPBELL  VS.  McSPADDEN,  4  4  OKLA.  138 — "Ap- 
proved Rolls"— "Enrollment  Record" — Evidence— Census 
card. 

DUNCAN  VS.  BYARS,  44  OKLA.  538 — Census  card  as  evi- 
dence. 

FREEMAN  VS.  FIRST  NATL.  BANK  OF  BOYNTON,  44 
OKLA.  146 — Action  to  cancel  deed  of  Indian  allottee — Enroll- 
ment records  as  to  conclusiveness  of  age — Age  a  question  of 
fact. 

WALKER  VS.  McKEMIE,  44  OKLA.  468 — Recording  of 
guardian's  lease — Necessity  of  approval  by  court  under  act  of 
June  28,  1898. 

ASCHCROFT  VS.  MOFFETT,  44  OKLA.  386 — Mortgage 
of  oil  and  gas  lease. 

WELLSVILLE  OIL  CO.  VS.  MILLER,  44  OKLA.  493— 
Oil  and  gas  lease. 

MARCEY  VS.  BOARD  OF  COM'RS.  SEMINOLE  CO.,  45 
OKLA.  1 — Meaning  of  "Restriction  on  Alienation" — Federal 
control. 


T  ITLE      D  IG  EST  117 

IN  RE  FRENCH'S  ESTATE,  45  OKLA.  819 — Judicial  sale 
of  Cherokee  allotment  restricted  if  debt  created  during  re- 
stricted period. 

BRADLEY  VS.  GODDARD,  4  5  OKLA.  77 — Removal  by 
Congress  by  act  of  April  21,  1904,  of  restrictions  on  alienation 
of  surplus  allotment  of  allottees  not  of  Indian  blood. 


118  T  IT  LE      D  I  GEST 

Oklahoma  Supreme  Court  Cases  Continued. 


TITLE      DIGEST  119 

Oklahoma  Supreme  Court  Cases  Continued . 


120  TITLE      DIGEST 

Oklahoma  Supreme  Court  Cases  Continued. 


T  IT  LE      D  I  G  EST  121 

Oklahoma  Supreme  Court  Cases  Continued. 


122  TITLE      DIGEST 

Oklahoma  Supreme  Court  Cases  Continued. 


TITLE      DIGEST  123 

Oklahoma  Supreme  Court  Cases  Continued. 


INDEX 


Descent  Charts —  Page 

Creek  Nation 6 

Cherokee  Nation 14 

Choctaw  and  Chickasaw  Nations 22 

Seminole  Nation  30 

Decisions  of  the  Courts — I  .  S.  Supreme  Court  Cases 84 

Federal  Court  Cases 94 

Oklahoma  Supreme  Court  Cases 106 

Homestead  Charts- 
Creek  Nation  6 

Cherokee  Nation  14 

Choctaw  and  Chickasaw  Nations 22 

Seminole  Nation  30 

Inherited   Homestead  Charts — 

Creek  Nation  8 

Cherokee  Nation  16 

Choctaw  and  Chickasaw  Nations 24 

Seminole  Nation  32 

Inherited  Surplus  Charts — 

Creek  Nation  12 

Cherokee  Nation  20 

Choctaw  and  Chickasaw  Nations 28 

Seminole  Nation  36 

Laws  of  Descent — 

Creek  Nation  39 

Choctaw  Nation  40 

Chickasaw  Nation  40 

Cherokee  Nation  41 

Seminole  Nation  42 

Reference  Charts — 

Creek  Nation  7-9-11 

Cherokee  Nation  15-17-19 

Choctaw  and  Chickasaw  Nations 23-25-27 

Seminole  Nations  31-33-35 

Surplus  (hurts — 

Creek  Nation  10 

Cherokee  Nation  18 

Choctaw  and  Chickasaw  Nations 26 

Seminole  Nation  34 


Segregated  and  K«'.sldu«'  Lands 37 

Treaties  <iu<l    \rts  of  Congress     42 

Ad  of  Maj   2,  1n'.»»»  (i 'hap.  49,  Mansf.  I  'i^.st  of  Ark.) 43 

Act  of  June  7.    1897 50 

Curtis  Act,  June  28,  L898  51 

Choctaw  and  Chickasaw  Treaty,  June  28,  189S 54 

Seminole  Treaty,  l>ec.  16,  1897 55 

Seminole  Treaty,  June  2,   1900 57 

Original  Creek   Treaty,  May  25,  1901 58 

Act  of  May  27,  1902  61 

Supplemental  Creek  Treaty,  August  8,  1902 62 

Cherokee  Treaty,  August  7.   L902 65 

Choctaw  and  Chickasaw  Treaty.  July   1,   1902 67 

Seminole  Treaty  change,  -March  3,  1903 68 

Act  Of  April  21,   1904        69 

Act  Of  March  3.  1905 70 

Act  of  April  26,  1906 72 

Enabling  Act,  November  16,  1907 75 

Act  of  May  27,  1908 76 

Act  of  June  25,  1910-. 81 

Act  of  February  19,  1912 82 


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